Saswatabanerjee
Partner - Risk Management
Octavious
Hr Manager
Adv. Manoj Liyonzon
Advocate, Chennai
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Ryan
India's 1st Strategic Strengths Coach, Corporate
Prghr
Dy Manager Hr
+2 Others

I've been working at my current company (Pune) for the past 2 years. I'm currently underpaid, since I handle most of the development process and a fresher today earns more than me.

My company always praises me in meetings but during the annual Review meeting, I'm told that I need to improve a lot and I receive only a 7-8% annual hike.

Being a girl, I've never thought about staying late nights and have always completed my work in office occasionally sitting late hours. No transport is provided after such late hours and I walk to my house (around a km from my office.)

My concern currently is that now, when I've found a great job, they are asking me to serve a notice period of 3 months (as listed in my joining letter.) On asking for the buyout option they are asking me to buyout with "Gross Salary." I recently also found out that whenever I've stayed late in office, I've not been given complimentary offs for them.

I have a leave balance of 15 days. Should I be compensated for these?

My friends tell that a buyout should only amount to the Basic Salary. I am not very confident about going the legal route, but will consider it if necessary. I've worked tirelessly for the company for the past 2 years and now they are doing this to me. I'd like to know is their anything I can do?

I want to get my relieving letter along with PF transfer form and hope that any legal action does not result in complex problems.

Please assist with some solutions.

From India, Pune
Hi
If your joining i.e. appointment letter says 3 months, then it should be adhered to. Please check the notice period clause in your appointment letter. That will provide information about the notice period calculation for buyout. If not clearly stated, you could ask them to show you a policy which mentions this information. If that is not possible, you can try checking with some ex-employees.
Let me know how it goes.
Regards,

From India, Mumbai
Yes, a buyout will be at gross salary as stated in your payslip.

Note, it is gross wages and not ctc amount.

No one does a buyout at basic.

The rest of your post about how hard you worked etc is immaterial at this point. It's history. It's good to know you worked hard and you should continue to do that in your new job. I am sure the benefits / rewards will come your way.

Your pending leave you can set off against your notice pay. In alternate the company is required to pay you amount of pending leave days at full salary. This is provided in Bombay Shop And Estsblishment act.

It makes sense to get a clean relieving letter. It help in future jobs to be able to show it. Further, they new company may ask previous employers for a background check and it's good that they don't say bad things about you.

About PF, don't worry. There is nothing the company can do to hold it back. You just fill the transfer form and give to your new company HR and it will be filed for transfer.


From India, Mumbai
Dear Saswata,
You said "Your pending leave you can set off against your notice pay. In alternate the company is required to pay you amount of pending leave days at full salary. This is provided in Bombay Shop And Estsblishment act.
attribution https://www.citehr.com/508843-im-bei...#ixzz3GIOtZohq
Request you to kindly provide the link to the relevant section of the Bombay Shops & Establishment act.
Regards,

From India, Mumbai
Section 35(2) of the act says :
(2) If an employee entitled to leave under sub-section (1) [or (1-A)] is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.
So, on leaving the employment, the emolpoyee is entitled to wages for the days of pending leave.
One option is the employer pay the amount, the other being to set it off against optics pay recoverable.
Sec 36 gives the rate of wages :
Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
So it has to be gross wages.

From India, Mumbai
Incindentally, Bombay shop and establishment act (which applies to pune) also has the answer to your query.
Sec 66 says minimum notice is of 30 wages days (but ofcourse you have have a higher period mutually agreed but not excessive so as to render difficult to get a job)
Sec 2(30) defines wages as provided in payment of wages act.
So, naturally wages is all payments that an employee gets in a month, which is gross wages.

From India, Mumbai
Dear Employee
You are governed by your employment contract only.
Does your employment contract with your employer .i.e appointment letter mention that you have pay basic or gross salary. If it does then follow the same, if it doesn't then pay which ever is lower.
If you are mentioned as falling under labour/worker category by your company and not under executive and management category then other labour laws will become applicable to you.
As far as leaves are concerned internal policy and procedures would be applicable, what you can do is square off one against the other and thus save time and money.
Regards
Octavious

From India, Mumbai
If shop and establishment act states that notice pay is at gross (see my previous post), how can what is stated in appointment letter override it ? So on what basis will you use "lower of the two" ?
From India, Mumbai
A company cannot force its employees to stay for 3 months vide employment agreement. On resignation, a company cannot demand gross salary, but only the basics. Non-provision of transport facility to women employee, working beyond work hours, is offence by company, therefore, send a letter to the company stating that you feel insecured due to absence of such facilities, also no pay for OT, which lead you to resign, upon which the company demands gross salary instead of basic pay is an offence which can be prosecuted. Therefore to relieve you immediately or as soon as possible within 2 weeks of time by deducting 3 moths basic from your F&F.
From India, Chennai
Dear Employee 007,

I agree the suggestion given by octavious. I want to just add only one more information, that is you do not worry about your EPF, because you can transfer your PF yourself from one company to other company, after joining in to the new company.

You may now visit the Epfo (Govt. of India), Click EPFO - UAN SERVICES {It may available right side top corner in the web site} -> UAN Member Portal {This option available under FOR MEMBERS} -> Know your UAN Status -> here your have to fill your PF details, if the details are correct, you may view your UAN {Universal Account Number} number instantly-> after knowing your UAN number, go to link UAN Member Portal ->Activate your UAN-> Fill the details accordingly & finally you will be getting the Authorization PIN from EPFO-> after completion of these activity, profile will be generate exclusively for you, there you may apply for your PF transfer & also update your Phone number, KYC details.

From India, Delhi

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