Lay off is an entirely different subject which has nothing to do with full and final settlement. It is a compensation payable to an employee on roll to whom the company is not in a position to give work due to non availability of materials, power etc. It is paid when the work is temporarily stopped.
18th July 2011 From India, Kannur
19th July 2011 From India, Madras
THE RESIGNING EMPLOYEE IS NOT ACCEPTING THE FINAL PAYMENT AND INSISTING THAT FOR THE FOLLOWING.
1.HE SHOULD BE PAID GRATUITY @ 16DAY/YEAR AS HE HAS 21YR OF SERVICE.
2. GRATUITY SHOULD BE CALCULATED ON GROSS AND NOT ON BASIC SALARY.
SINCE IT'S MORE THAN 3 MONTHS SINCE HE HAS RESIGNED,PL ADVICE,WHAT WE CAN DO IF HE GOES LEGAL.
20th July 2011 From India, Pune
21st July 2011 From India, Kannur
22nd July 2011 From India, Kannur
I HAVE CHECK THE NOTIFICATION UP TO 31/03/2011 AS FROM 01/04/2011 THERE IS DIFFERENT NOTIFICATION AND THE EMPLOYEE HAS
RESIGNED ON 31/03/2011,SO I THINK THE BELOW NOTIFICATION IS APPLICABLE.IT STATES THAT.
THE MINIMUM WAGE PAYABLE PER DAY IN RESPECT OF THE M.W.ACT1948 IN THE U.T OF DADRA AND
NAGAR HAVELI UPTO 31/03/2011 IS AS PER BELOW.
THE PERSON RESIGNED WAS A SUPERVISOR.
Category Skilled Semi-Skilled Unskilled
Basic 69.00 62.50 56.00
Special Allowance 80.60 80.60 80.60
------ --------- ----------
149.60 143.10 136.60
CAN YOU CALCULATE NOW AND PL.LET ME KNOW IF YOU WANT ANYMORE DETAILS.
23rd July 2011 From India, Pune
23rd July 2011 From India, Kannur
THE BELOW IS PAYABLE AS FULL AND FINAL SETTLEMENT IN CASE OF RESIGNATION BY AN EMPLOYEE.
Gratuity = Monthly Salary(BASIC) x 15 days x No. of yrs.of service-(IF THE BASIC SALARY IS ABOVE MINIMUM WAGES ACT REQUIREMENT THAN NO NEED TO CALCULATE THE
LEAVE SALARY = UNUSED LEAVES ON BASIC SALARY
BONUS = FOR PENDING MONTHS ON BASIC SALARY.
WE WILL BE SUBMITTING THE TOTAL OF ABOVE AMOUNT TO THE LABOUR COMMISSIONER,SINCE THE EMPLOYEE IS DISPUTING THIS.
25th July 2011 From India, Pune