Hi Tre I had resigned from my earlier job without serving the Notice period fully.( As per HR Manual available with me Notice period was 15 days, however my boss insists that it was 30 Days). In lieu of the notice period Settlement they deducted my 10 days salary, My LTA for whole year, My performance bonus for whole year stating that since I was an Unconfirmed employee( I left one month before my confirmation) I was not entitled to claim LTA and Bonus. My expense reimbursement was also stopped by my previous employer and instead they have calculated an amount recoverable in lieu of notice period from me. The only amount received by me was my Annual Medical Reimbursement received in advance. My new company has exempted my Reliving Letter from my previous employer. My question is whether I am liable to pay the notice pay even when I have not received my LTA claim and Performance bonus. Pls guide Me about the consequences if I do not pay the notice pay. Regards Abhishek Sharma
From India
From India
Dear Your situation is tricky. Please demand from your previous employer the legal basis for your deduction .Prima facie having given a benefit they cannot take it back .Once you get the explanation then you can decide on possible legal action Firstly they have to explain their deductions. If the reply is not satisfactory then you have legal remedies. With Regards V.Sounder Rajan
From India, Bangalore
50From India, Bangalore
Dear All, As the LTA is a part of your salary, the employer is not authorize to hold it, but the LTA amount is suject to taxable. And if a employee is in the probation period he need not to pay the notice pay amount also. This is practice what we are following in our concern. Regards, V.Arunkumar.
From India, Madras
From India, Madras
Dear Sir, I had asked for an explanation about the deduction of my LTA and Performance bonus from them as well as holding back of my expenses incurred by me. however the explanation given by them is as under: 1) Your Notice period is 30 Days (please refer mail from Mr. Zubin Mody dated 26/09/2006 explaining the same) 2) Regarding LTA, as per HR Policy, the employee becomes entitled to LTA after completing the Probation period, hence you are not eligible. 3) Regarding Performance Bonus (PB): it has not been declared by Bank for the FY 2006-2007 so far and as per HR Policy, the employee should be on Payroll on the date of declaration of PB for being eligible for the same. 4) Your pending expense statements shall be duly credited to your account after receiving the Final settlement from your side. 5) Regarding PF Balance: Required forms shall be sent to you along with your relieving letter once you settle your dues. You will have to return the completed forms to HR Deptt. for organizing the transfer of your PF to your new PF Account. Pls guide me whether the explanation given by them has any legal basis or not since the HR policy Manual available with me does not mention any of the said details. Regards Abhishek Sharma
From India
From India
The reply you got was technically right. I have this points of view 1. An employee becomes eligible for LTA only on completion of one year. 2. Regarding notice period recoverable, please go by what is written in your appointment letter. If it 15 or 30 days? Your company cannot demand more than what is given in writing. 3. It is an usual practice that other claims like conveyance etc are settled as part of final settlement Thanks Bala
You have not clarified what notice period was mentioned in your letter of appointment. If it was 30 days, then the company will stick by it, because it will say that the notice period of 15 days notified earlier in the HR manual has been amended. As far as LTA and bonus are concerned, if what the company says is correct, then you have no claim. Your pending expense statement should be cleared once the notice period pay issue has been sorted out and settled. They cannot hold back your PF accounts and you should contact the PF authorities direct for transferring the same. Jeroo
From India, Mumbai
From India, Mumbai
HOW LONG YOU SERVED YOUR PREVIOUS EMPLOYER? IS IT LESS THAN ONE YEAR OR YOU HAVE COMPLETED ONE YEAR SERVICE? SAKTI
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