Bcarya
Assistant Manager - Hr
Pon1965
Construction
+1 Other

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Hi Dear All, I have just resigned from my company because of some family / personal reason after 10 months service.
I did not give any notice period (one month) to my company.
Now i got FNF letter saying that i have to pay Rs. 15000 to company since I have not served notice period.
In FNF, company has considered my 19 PL as Basic Salary for adjustment
and for Notice period amount they have calculated as Gross Salary, is this correct as per Maharashtra Labor Law?
In my appointment letter also it is written I have to pay 1 months salary (if I do not give notice period), but not written whether it is Gross or Basic.
Please suggest me,
Regards,
Sujit

From India, Mumbai
normally, appoint letter clearly says whether it is on basic or gross. If it is simply mentioned as salary, it means gross salary only. pon, chennai
From India, Lucknow
Thanks pon1965,
If it is gross salary then how come they consider PL adjustment as Basic salary? This also not mentioned any where in Appointment Letter?
Is it right? Please comment.
Thanks once again.

From India, Mumbai
Rule should be same for recovery also. They should consider Gross salary for PL adjustments towards shortfall. They are trying to exploit you. Explain and tell your non-acceptance of the unilateral calculation.
Pon

From India, Lucknow
Dear Sujit,
There are no specific rule for Encashment of Leaves. The companies prepare their own Rules for this. In this, most of the companies process the Encashment at the time of Full & Final on Basic Salary only. Because most of the employee don't take PL and accumulate them for encashment, whereas the accumulation is bounded upto a fixed number of leave and it varies state to state. As the benefit was not taken on time, that's why the Encashment is considered on Basic Salary.
Hope this information will be helpful for you.

From India, Delhi
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