I have resigned from a PSU (FCI), after almost 7 months. As per their rules I have to serve one month notice period or have to deposit pay and allowances for the shortfall. I serve 13 days. They want pay and allowances for 17 days.
Now, my question is, if I have to deposit CPF also (12% of basic+da), which they claim. Their regulation states:
***Explanation: The term “allowances” used in this Regulation means and includes Dearness Allowances and Additional Dearness Allowance only and does not include any compensatory or other allowances
Also they refuse to give salary for the notice period, though I think their rules sates otherwise. Please help. I am quoting exactly from the FCI Staff regulations act:
*21. Resignation:
(1) No employee shall resign from the service of the Corporation except by giving such notice or by paying compensation in lieu of such notice or for the shortfall in the notice period, as the case may be, as an employee of equivalent rank would have received under Regulation 19 or under Regulation 15(3), as the case may be, if his services were to be terminated or compensation paid in lieu of such notice.
Provided that it shall be open to the appointing authority to waive such notice.
(2) Resignation may be accepted by the appointing authority with immediate effect or at any time before the expiry of the period of notice in which case an employee shall be paid pay in respect of unexpired period of notice given by him. In case a shorter period of notice is accepted at the request of an employee, he shall be entitled to receive his pay and allowances only in respect of actual period spent on duty in the Corporation.
(3) The resignation submitted by an employee will become effective only when it is accepted and the employee is relieved of his duties.
(4) An employee leaving the service of the Corporation without giving proper notice or compensation paid in lieu of such notice or without acceptance of his resignation or without being relieved of his duties shall be liable to disciplinary action under these Regulations.
From India, Delhi
Now, my question is, if I have to deposit CPF also (12% of basic+da), which they claim. Their regulation states:
***Explanation: The term “allowances” used in this Regulation means and includes Dearness Allowances and Additional Dearness Allowance only and does not include any compensatory or other allowances
Also they refuse to give salary for the notice period, though I think their rules sates otherwise. Please help. I am quoting exactly from the FCI Staff regulations act:
*21. Resignation:
(1) No employee shall resign from the service of the Corporation except by giving such notice or by paying compensation in lieu of such notice or for the shortfall in the notice period, as the case may be, as an employee of equivalent rank would have received under Regulation 19 or under Regulation 15(3), as the case may be, if his services were to be terminated or compensation paid in lieu of such notice.
Provided that it shall be open to the appointing authority to waive such notice.
(2) Resignation may be accepted by the appointing authority with immediate effect or at any time before the expiry of the period of notice in which case an employee shall be paid pay in respect of unexpired period of notice given by him. In case a shorter period of notice is accepted at the request of an employee, he shall be entitled to receive his pay and allowances only in respect of actual period spent on duty in the Corporation.
(3) The resignation submitted by an employee will become effective only when it is accepted and the employee is relieved of his duties.
(4) An employee leaving the service of the Corporation without giving proper notice or compensation paid in lieu of such notice or without acceptance of his resignation or without being relieved of his duties shall be liable to disciplinary action under these Regulations.
From India, Delhi
now can u site the regulation 15 n 19...
Now please refer sec 8a , of Pf act, where it says any such contribution payable by the employer and any charges for meeting the cost of administering the fund paid by the employer in respect of employee may be recovered by such employer by deduction from basic , dearness allowances, retaining allowance..
hope some seniors may help you in better way..
From India, Calcutta
112Now please refer sec 8a , of Pf act, where it says any such contribution payable by the employer and any charges for meeting the cost of administering the fund paid by the employer in respect of employee may be recovered by such employer by deduction from basic , dearness allowances, retaining allowance..
hope some seniors may help you in better way..
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc