Gross salary for Notice pay on Resignation - provident fund

SrinivasMani Started The Discussion:

I was working in X company and was a confirmed employee. As per the appointment/confirmation letter, I have to give 3 months notice or pay the amount in lieu of notice period if I resign. I had given resignation letter on January 28, 2008 and was relieved on March 15, 2008. The company has taken 16 days notice pay on gross salary which includes basic salary, HRA, conveyance, medical reimbursement, special allowance, personal pay. Is it valid as per Labour Law.

I would like to state here that the company while giving normal salary also does not ask for medical bills, if it is not submitted at the end of the year, tax is deducted on the amount for which bills are not submitted.

Further, there is a clause which states that a confirmed employee before 1 year cannot avail LTA. Is it valid as per Labour Law.

Please email your response to my email id : or call me at 9833418230

Thanks in advance.
Srinivas Mani[/b]

SrinivasMani -  Member Since: Mar 2008
Hi, Why is anybody not responding to this email. Anybody can even call on my cell to answer my above query. Regards Srinivas Mani 09833418230

na75369 -  Member Since: May 2008
I want to leave my organisation and I cant serve 2 months notice period.
It is not practical to serve 2 months notice period.
If i buyout my notice period, How much would i have to pay???
(Will that be equal to my monthly gross salary*2) or (the amount that gets credited in my Bank account as salary * 2) ????
the following is my salary breakup :-

Particulars106344Basic3100HRA 1550Conveyance Allowance800PF Contribution (12% Basic)372Other Allowances 3040Gift Vouchers0Vehicle Maintenance0Comunication Expenses0Conveyance Reimbursements0Gross PM Total8862LTA0Variable0Gross Annual Total106344

na75369 -  Member Since: May 2008
My Payslip :-

Basic Rate : 3,100.00 HRA Rate : 1,550.00

BASIC : 3,100.00 PROVIDENT FUND : 372.00
CONVEYANCE ALLOWANCE : 800.00 E.S.I.S. : 149.00
Total Earnings : 8,490.00 Total Deductions : 696.00
Net Payable Rs. : 7,794.00

parul kanchan -  Member Since: Feb 2008

The deduction on not notice pay has to be on basic and not Gross, as all the emoluments / benefits / allowances are given to an employee when he /she is currently working in any organisation, so when you are not working then the notice pay deduction can not include any component other than basic.

Parul Kanchan

bhardwaj_ch1 -  Member Since: Aug 2007
Yes Notice Pay deduction is on Gross, while LTA is payable at the time of March ending or as per company's rules. At my company, we pay LTA, SUperannucation, EL Encashment, Gratuity at the time of Leaving/F&F. Grade-wise Notice period decides by the organization.

na75369 -  Member Since: May 2008
In my company the notice period is 2 months. So i ve to pay 2*BASIC : 3,100.00= 6,200.00 to buyout my notice period. M i right?????????

SrinivasMani -  Member Since: Mar 2008

Hi All,

My company had deducted Notice pay as follows. The monthly salary and the notice pay deducted from my allowance is given alongside, however, the amount of notice pay comes to Rs. 20417/-. Please clarify is it correct on the company's part to take notice pay on all the below components of salary (or whether the notice pay should only be on basic salary) and whether they can take PF deducted from my salary and medical reimbursement also in the notice pay. Please note the medical reimbursement is paid to us every month as part of the salary.

If you can quote any rule or act, my case would be much stronger against the company. Please note that the company I worked was in Mumbai.

TypeMonthly Salary15 day Notice PayBasic146707335Conveyance800400HRA85004250Medical Reimbursement1250625Other Allowance75603780Personal Pay65003250Sodexho Meal Coupons910455PF1760880Total4195020975

I expect your clarifications on the above so that I can take up the matter with my previous company. While replying please mark with my name as few others have also put their questions in the same thread.

Thanks & Regards
Srinivas Mani


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