Boss2966
Industrial Relations
9871103011
Private Consultant On Labour Laws
+1 Other

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Dear All,
My query is apropos the method of calculation employed in determining the retrenchment benefit alongwith gratuity payable to a workman with the following service details:
Total service - 21 yrs.
Gross salary- Rs 24,487/-
Leave encashment for 76 days.
Bonus amount - Rs 3454/-
Notice period pay for three months.- ?
Retrenchment Benefit/ severance pay -?
Given the above, would be grateful if an exact amount may please be determined.

From India, Noida
Dear Sunil Thakur
Please give the complete details of the worker / employee. What is his nature of job. Wage / Salary break up. about your industry, etc.
He is eligible for Leave encashment, Gratuity and Notice Pay as per the SO or Appointment letter.
Give the complete details so that you can get the correct reply from our members.

From India, Kumbakonam
Dear Bhaskar,
Thank you for the prompt reply.
Now, he was employed as a driver in a school ferrying the schoolchildren, for a period of 21 yrs. so his nature of job tantamounts to permanent.
His net salary ( last payable) - 22, 272/- i.e. in 2013.
The salary slip i have is of 2008 vintage which includes remittances under the various heads like D.P, D.A, H.R.A, C.C.A besides the basic pay and deductions under P.F ( in tune with 2008 wages).
Lastly there is no appointment letter so i presume it is as per the Standing Orders.
Regards

From India, Noida
Further he has been given three months salary in lieu of notice which is Rs. 73,461/- Regards
From India, Noida
Dear Sunil Thakur,
I do not know who has given you the impression that you are eligible to payment of retrenchment compensation/ benefit. Let me make it clear that the teachers are not covered under the definition of workmen stipulated in Industrial Disputes Act and as such they are not eligible for retrenchment compensation/ benefit. One should understand that it is not such a benefit which automatically accrue on putting long service or termination like payment of gratuity. Rather it carries number of conditions before restoring to retrechment.Of course, you will be eligible to other benefits as per policy of the school.
BS Kalsi

From India, Mumbai
Dear Mr Kalsi.
1. I'l start by quoting an adage " little knowledge is a dangerous thing'.
2. With all due respect i'll try to reply in the similar fashion as yours. In that regard, i don't know to which institute you went for studying, where the teachers and drivers are considered alike and have a common nomenclature.
3. May be you would want to read the details in the query.
4. Wish you best in your future endeavors.
God Bless

From India, Noida
Dear Sunil Thakur,
I have read your posting thrice and trying to understand whether it is an appreciation or your critical observation about my reply. I would not hesitate to say a BIG sorry if you have been hurt by my reply and equally I shall gracefully accept your compliments if you have appreciated me. Believe me, while contributing to CireHR I have no intention to be sarcastic towards anybody rather my intention is to educate or make aware of the law position.
Regards,
BS Kalsi

From India, Mumbai
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