18-08-2008, 10:39 AM
|  | | | Join Date: Jul 2007 Location: Mumbai
Posts: 7
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We need professional opinion on Professional Tax Our payroll cycle runs from 21st of the month to 20th of next month. Employees who join after 20th get their pay in the next month process. So we pay the PT for the next month. ( Assuming that the previous employer has paid the last month PT ) So the query raised is – Are we suppose to pay the PT arrears of 10 days for last month. X employee joins on 24th of April 08 He gets his salary in the month of June with the arrears of 7 days of april. As per his slab his PT is deducted ( Salary – 4500, PT deducted is Rs 120 ) So do we have to pay the 7 days which he had served in April 08 ie last months. So which of the three conditions do we abide- 1. We do not pay for April – Rs 0 2. We pay for the days served - 120/30= Rs 4 per day , so 4 *7days = Rs 32 3. Or we pay the whole amont – 120 for april |
18-08-2008, 03:14 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
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In today’s scenario if you are serving the complete notice period organisation normally are flexible incase employee is taking one or two leaves in the middle but it should not be a long gap and then you resume the office in the end…no organisation would prefer that……Normally your CL are forfeited if you resign ….you can only avail EL and SL for two three days not much…..but exceptions are there to this clause…… |
18-08-2008, 03:16 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
| |  Leave during notice period - not mandatrory by any law
In today’s scenario if you are serving the complete notice period organisation normally are flexible incase employee is taking one or two leaves in the middle but it should not be a long gap and then you resume the office in the end…no organisation would prefer that……Normally your CL are forfeited if you resign ….you can only avail EL and SL for two three days not much…..but exceptions are there to this clause…… |
18-08-2008, 05:05 PM
| | | | Join Date: Oct 2006 Location: Delhi
Posts: 66
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An employee can avail EL during the notice period. Many a companies do not allow Casual leaves during the Notice period. EL can be encahsed also at the time of full and final. but EL does not get adjusted with notice period as there are different calculation methods for EL encashment and Notice period deduction( in some organisations)
regds |
18-08-2008, 05:19 PM
| | | | Join Date: Jul 2007 Location: hyderabad
Posts: 10
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Dear Sanjiv,
It would be great if you pass on the Supreme Court judgement. Infact that is I was looking for.
Regards,
Jagdish.D |
18-08-2008, 06:27 PM
| | | | Join Date: Jun 2007 Location: Ahmedabad
Posts: 57
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Dear ind,
As per legislation, on every 21 days employee is eligible to earn 1 leave. It depends upon standing order and appointment to avail such leaves. for example to avail PL, we have set policy in legislation. Now, on notice period, if employee wishes to take leaves and he/she follow rules and regulations set by SO or appointment letter, then legally he is eligible to take leave.
But as approval is required for leave, therefore approving authority can decide whatever want to be.
Regards
Virendra |
18-08-2008, 10:49 PM
| | | | Join Date: Mar 2007 Location: Bangalore
Posts: 21
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I am looking forward to the answer for the question that Sachin Sawant asked. Can anyone reply to that? |
19-08-2008, 01:21 PM
| | | | Join Date: Jan 2008 Location: mumbai
Posts: 9
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Hi
It has been notice that the leave can be adjusted during notice period as per mutual agreement.
When an employer asked the employee to leave when emloyee is ready to serve the notice period, in such cases during leave encashment employee or self aget 50% of the amount as if he ahd adjusted against absenteesim or notice then he will get one day full wages.
We ahve to think on all angles and employee had earned this leave during his services and not availed much and remain present on duty which we all have to remember.
Some cases employer does not allow to take leave during his working days and why not he adjusted during his notice period.
Hand shake from both side, not from the employee or employer side only |
19-08-2008, 03:40 PM
| | | | Join Date: Aug 2008 Location: Coimbatore
Posts: 2
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Will be great if you post the SC judgement and if possible send a copy of the judgement to  |
19-08-2008, 05:13 PM
| | | | Join Date: Jul 2006 Location: Chennai
Posts: 21
| | Availing Leave during notice period
Hi All,
As Mr Kameswara Rao rightly said, it depends upon the position. We cannot recruit candidates for some critical positions easily. So we may have to inform that candidate that he will be relieved on completion of the notice period only. Otherwise, they will not get their final settlements or disciplinary action will be initiated against them.
In our Company the notice period is three months. For some positions we relieve them before completion of the notice period and after adjusting the leave at their credit.
For critical positions we clearly tell them that they have to complete the notice period and will not sanction any leave (except SL). If they leave the Company before completion of the notice period, we will not settle their accounts. We have come across such cases in our Company and we have not settled their accounts till now.
Since most of the Companies are ready to compensate their notice pay or leave salary adjusted against the notice period, the candidates are leaving the organisations without any moral responsibility.
Hence, HR should take a firm decision on this.
Regards,
A B Srinivasan  |
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