Hi,
I am working in IT organization it is Pvt Ltd company.here Notice period is 3 Month. My question is that my employer saying that during the notice period you will not receive salary for the entire 3 months. is it correct?
2. After my completion of notice period they will pay me full and final settlement 45 days after. is it right?
3. As per my company leave policy every month employee is eligible for 1.5 days leave in the end of the year only 6 leaves will carry forward remaining will be encased.
I have 17 days leave before my resignation.
a) during the notice period i am eligible for 1.5 day leave (Accountable purpose).
b)if yes then My leave comes around 20 days. my last working day is on December first week. whether i will eligible for 20 days encased / 6 days.
Kindly help me.
Regards
karthik
From India, Jhajjar
1I am working in IT organization it is Pvt Ltd company.here Notice period is 3 Month. My question is that my employer saying that during the notice period you will not receive salary for the entire 3 months. is it correct?
2. After my completion of notice period they will pay me full and final settlement 45 days after. is it right?
3. As per my company leave policy every month employee is eligible for 1.5 days leave in the end of the year only 6 leaves will carry forward remaining will be encased.
I have 17 days leave before my resignation.
a) during the notice period i am eligible for 1.5 day leave (Accountable purpose).
b)if yes then My leave comes around 20 days. my last working day is on December first week. whether i will eligible for 20 days encased / 6 days.
Kindly help me.
Regards
karthik
From India, Jhajjar
Dear Karthik,
There are many organization who do not pay their employees serving the notice period. However, it depends on from Co to Co.
The relieving period of your company might be of 45 days which is normal. All the needed letters and final settlement will be done after that. Also PF forms shall be given to you in final settlement.
In your notice period you are eligible for the leave days as per the rule.
Since the leave en-cashment policy states at the "end of the year", you might not be eligible for that since your last working day is in 1st week of December.
From India, Bombay
There are many organization who do not pay their employees serving the notice period. However, it depends on from Co to Co.
The relieving period of your company might be of 45 days which is normal. All the needed letters and final settlement will be done after that. Also PF forms shall be given to you in final settlement.
In your notice period you are eligible for the leave days as per the rule.
Since the leave en-cashment policy states at the "end of the year", you might not be eligible for that since your last working day is in 1st week of December.
From India, Bombay
Paying full and final settlement after 45 days is illegal.
It has to be paid in 30 days.
I think there is also a rule that wage / salary needs to be paid within 2 days from the last working day.
(Check the state rules)
Under payment of wages act, your salary for 3 months can not be held back. It needs to be paid every month. The penalty for not doing so is ₹7500 per incident (but the money goes to labour department not you)
1. If your salary is more than ₹18000 per month, then you are not covered by payment of wages act.
2. Companies do this type of thing to ensure that proper handover happens.
Do you want to create a problem for your self at this stage ?
If you can't live without the salary fir 4 months, then perhaps you need to take it up.
Else, just complete your notice and leave with a good record
From India, Mumbai
It has to be paid in 30 days.
I think there is also a rule that wage / salary needs to be paid within 2 days from the last working day.
(Check the state rules)
Under payment of wages act, your salary for 3 months can not be held back. It needs to be paid every month. The penalty for not doing so is ₹7500 per incident (but the money goes to labour department not you)
1. If your salary is more than ₹18000 per month, then you are not covered by payment of wages act.
2. Companies do this type of thing to ensure that proper handover happens.
Do you want to create a problem for your self at this stage ?
If you can't live without the salary fir 4 months, then perhaps you need to take it up.
Else, just complete your notice and leave with a good record
From India, Mumbai
After serving the notice,an employee shall be entitled to full and final settlement of all his dues including last drawn salary.
From India, Delhi
From India, Delhi
Under payment of wages act, it is illigal to hold back salary for an employee.
He needs to be paid on the due date along with others (wage period can not exceed 1 month and needs to be paid by 7th / 10th of the following month).
So saying that salary will be given for entire notice period after completion of notice period is illegal under the act.
Further, the act is clear that salary / wages must be cleared within 2 days. Other dues can be paid within 30 days
From India, Mumbai
He needs to be paid on the due date along with others (wage period can not exceed 1 month and needs to be paid by 7th / 10th of the following month).
So saying that salary will be given for entire notice period after completion of notice period is illegal under the act.
Further, the act is clear that salary / wages must be cleared within 2 days. Other dues can be paid within 30 days
From India, Mumbai
I am not aware of what the rule book says on this subject. But many companies and organisations resort to this type of practice of holding the salary during notice period. F/F settlement is normally done within 30 days on submission of No dues/Handing over formalities.
Pon
From India, Lucknow
Pon
From India, Lucknow
Sec 5 : All wages to be paid by 7th / 10th of next month
Sec 4 : Wage period can not exceed 1 month
Sec 5 (2) : Where the employment of any person is terminated, the wages shall be paid on expiry of second working day (exact wording is terminated by employer, but i think same rule applies if you resign)
Hope that helps.....
I know many companies do this but its not allowed under law
one rider - POWact applies up to salary of Rs. 18000.....
From India, Mumbai
Sec 4 : Wage period can not exceed 1 month
Sec 5 (2) : Where the employment of any person is terminated, the wages shall be paid on expiry of second working day (exact wording is terminated by employer, but i think same rule applies if you resign)
Hope that helps.....
I know many companies do this but its not allowed under law
one rider - POWact applies up to salary of Rs. 18000.....
From India, Mumbai
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