Dear Pon, It is not mentioned in my appointment letter. It is just written 3 months salary. So what we can calculate? Basic or Gross???
From United States, Edison
From United States, Edison
B.Kumar, In many organisations, basic only considered for N.P. In your case, the word 'salary' may be interpreted as Gross salary if they wish to do so. Pon
From India, Lucknow
604From India, Lucknow
Can anyone help me out to explain how the notice period works. I mean to say what rights do a company has in case any employees has given 3 months notice period, can company hold the salary till he/she completes 3 months?
From India, Mormugao
From India, Mormugao
Under INdustrial Establishment STanding Orders Act 1946, it is mandatory to declare method of termination of employment. Offer of appointment is issued based on the registered service conditions of employees ( Service Manual) Main and Supplementary. For any change in the service manual, the same should have consent of employer,s representatives I.e. management, employee,s representatives I.e. union/association, govt. representative I.e.Labour Commissioner. To increase or decrease the notice period should have the consent of all the parties. In case there is a provision in the service manual that bothe the partie employees employer have to give notice of three months for quitin the service they have to do so or give notice pay in lieu of that. if employer gives notice of one day and ask employee to leave the company without assigning any reason, it would construed to be a industrial dispute and employee can file a writ for violation of fundamental rights and get himself reinstated pending issuance of charge sheet.
so far notice pay is concerned, notice pay means basic pay fixed for holding substantive post in a time scale. Other allowances such as DA, HRA are allowances and not pay, medical benefits, school fee reimbursements are fringe benefits and not pay. As such to my opinion when we are referin pay only (notice pay) we should co seer pay pnly. When we talk for salary we while consider salary, if we are talking wage we should consider wage.
From India, Calcutta
so far notice pay is concerned, notice pay means basic pay fixed for holding substantive post in a time scale. Other allowances such as DA, HRA are allowances and not pay, medical benefits, school fee reimbursements are fringe benefits and not pay. As such to my opinion when we are referin pay only (notice pay) we should co seer pay pnly. When we talk for salary we while consider salary, if we are talking wage we should consider wage.
From India, Calcutta
Hi Deepu,
deepu , the query u made by u valid only for a certain aspect, becose the company policy is invalid under the laws ie. the policy shall be questioned by any of the employee in front of court. In India as a democratic country, its our right to work, employees can change their working places according to their will.
then here comes company policy, its act like just a policy it dont have any legal entity. so dont waste ur precious time, dont waste ur opertunity, go ahead and catch the stars
well wish
Linnan kochi
From India, Mumbai
deepu , the query u made by u valid only for a certain aspect, becose the company policy is invalid under the laws ie. the policy shall be questioned by any of the employee in front of court. In India as a democratic country, its our right to work, employees can change their working places according to their will.
then here comes company policy, its act like just a policy it dont have any legal entity. so dont waste ur precious time, dont waste ur opertunity, go ahead and catch the stars
well wish
Linnan kochi
From India, Mumbai
Dear Seniors,
Thanks all for your valuable replies. My directors want to enforce immediate termination of employees without 1 month pay & 3 months notice or 3 months gross salary from the resigning employees!.Though the company has the right to amend its policies, is the above policy is justifiable ?
Regards
Deep
From India, Coimbatore
Thanks all for your valuable replies. My directors want to enforce immediate termination of employees without 1 month pay & 3 months notice or 3 months gross salary from the resigning employees!.Though the company has the right to amend its policies, is the above policy is justifiable ?
Regards
Deep
From India, Coimbatore
Resignation and termination should have the same clause with regard to Notice period. The proposal made by your directors is not in line with good HR practices. Even ID act stipulate 1 month N.P. for the termination if the workmen/employees crossed 240 days service.
Pon
From India, Lucknow
Pon
From India, Lucknow
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