Queries
Hi All, Thanks for your valuable advice over my previous posts and this one is to follow the same.
After I received the legal notice and my reply, my ex employer asked my ex colleague to contact me for a settlement. We had a call and I was informed that I shall be getting my releiving documents and my F&F shall be provided to me.
As per F&F email I received I was asked for 15k to pay and get my documents.

My concern is: Is the notice buyout calculated on gross salary or basic? As they had initially confirmed it will be on basic however now they have changed their mind that they shall do it in gross as nothing is mentioned in the contract.
Also they had confirmed that I shall be getting my bonus as per the per my performance however now they changed again saying it's their discretion to pay or not pay ...kindly advise

13th July 2017 From India, Pune

PARTICIPATING IN DISCUSSION:
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Debasish.hr123
Sr. Hr Executive
Ntirupathirao05
Keonjhar/ Manager Hr
+1 Other

Hi,

If there is nothing mentioned in the contract/appointment letter than the thumb rule is to get or pay notice pay off on basic salary. In few of the cases referring to industrial disputes judgement, the matter is sorted on basic +hra component. So you first stick to basic salary only unless this is not referred to any courts for settlement.

Regards,
Harpreet Walia
16th July 2017 From India, New Delhi
Hi,

Generally Notice buyout is calculated on Basic salary. But before go for conclusion first read contract letter/ appointment letter thoroughly. Because sometimes company has already mentioned this type of things in offer letter. So if they have not mentioned anything then that amount will calculate on Basic salary.


Thanks
Dev
16th July 2017 From India, Bengaluru
If you were working you would get gross pay.
So why do you think they will compute notice period pay on basic for buyout ?
The computation done by the comoany is definitely valid.

About the other things, if there is nothing in writing then oral assurances have no meaning.
If you want your relieving letters, I would suggest you pay the money and get it. Fighting with your previous employer will achieve very little and at a high risk
17th July 2017 From India, Mumbai
I do not agree with gross salary clause as in above comments. Gross salary includes allowance such as conveyance, house rent allowance which are apart from basic salary. Actually basic component is the salary against given time and service, other all are subsistence allowance to be considered as spent for course of service, hence if no service is deleivered no allowance gets paid. That is the reason during suspension, or calculation of earned leaves happend on basic salary not on gross.
17th July 2017 From India, New Delhi
Dear Sir,
I, Tirupathi Rao Nepak, Worked in M/s Gayatri Projects Ltd, Hyderabad from September’1999 to August’ 2016 as a Manager (HR/Admin). Due to some false allegation reason, the company one of site General Manager was not to pay the salary from June, July and August’2016 onwards, most of Time Company was paying through cash some years and bank cheque bulk payment. The site General Manager of the company to given the assurance to release my dues after getting funds from our Head office. I am also meet site General Manager 6 or 7 times directly at site office on his chamber after he said to me the same words at present we are not getting funds from Head office after us getting funds from head office I will release your pending dues. send excel format of full and final settlement.My salary Rs.50500 PM. along with necessary benefits like gratuity, bonus, retrenchment, leave,one month extra salary etc.
regards,
Tirupathi

gross
17th July 2017 From India, Dhenkanal
Dear Sir,
I, Tirupathi Rao Nepak, Worked in M/s Gayatri Projects Ltd, Hyderabad from September’1999 to August’ 2016 as a Manager (HR/Admin). Due to some false allegation reason, the company one of site General Manager was not to pay the salary from June, July and August’2016 onwards, most of Time Company was paying through cash some years and bank cheque bulk payment. The site General Manager of the company to given the assurance to release my dues after getting funds from our Head office. I am also meet site General Manager 6 or 7 times directly at site office on his chamber after he said to me the same words at present we are not getting funds from Head office after us getting funds from head office I will release your pending dues. Actually fact that the general manager Intentionally/personally not releases my pending salary dues and also works bill dues. That Head office management already said to me by telephonically they instruction issued to site general manager to release my pending dues I has happened last 5 months before but site general manager not release my dues. I will not blame to head office management I file a complaint to site General Manager who has removed from my duties. I will demand he will clear my pending dues and also my all benefits which will as per norms of central and state government from company entire my service from Sept’1999 to Aug’2016. Now where I will file a complaint the above problems will get pending salary dues as well as all benefits like gradually, retrenchment benefit, leave benefit, pf benefits, but there was no progress from company side.
17th July 2017 From India, Dhenkanal

Attached Files
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Dear Poorva,

The notice period buy out can be calculated as under;

1. In some cases the appointment order says that the notice will be on basic salary, then it is calculated on basic salary only.

2. In some cases the appointment order says that the notice will be on monthly gross salary, then it is calculated on gross salary.

3. In some cases the appointment order mentions only one month salary, now here the term is open and gives scope for discretion.

you have to apply your best judgement and take a call.

With War Regards

Bharat Gera
18th July 2017 From India, Thane
Dear Sir,
I, Tirupathi Rao Nepak, Worked in M/s Gayatri Projects Ltd, Hyderabad from September’1999 to August’ 2016 as a Manager (HR/Admin). Due to some false allegation reason, the company one of site General Manager was not to pay the salary from June, July and August’2016 onwards, most of Time Company was paying through cash some years and bank cheque bulk payment. The site General Manager of the company to given the assurance to release my dues after getting funds from our Head office. I am also meet site General Manager 6 or 7 times directly at site office on his chamber after he said to me the same words at present we are not getting funds from Head office after us getting funds from head office I will release your pending dues. send excel format of full and final settlement.My salary Rs.50500 PM. along with necessary benefits like gratuity, bonus, retrenchment, leave,one month extra salary etc.
regards,
Tirupathi

gross
18th July 2017 From India, Dhenkanal
Dear Sir,
I, Tirupathi Rao Nepak, Worked in M/s Gayatri Projects Ltd, Hyderabad from September’1999 to August’ 2016 as a Manager (HR/Admin). Due to some false allegation reason, the company one of site General Manager was not to pay the salary from June, July and August’2016 onwards, most of Time Company was paying through cash some years and bank cheque bulk payment. The site General Manager of the company to given the assurance to release my dues after getting funds from our Head office. I am also meet site General Manager 6 or 7 times directly at site office on his chamber after he said to me the same words at present we are not getting funds from Head office after us getting funds from head office I will release your pending dues. send excel format of full and final settlement.My salary Rs.50500 PM. along with necessary benefits like gratuity, bonus, retrenchment, leave,one month extra salary etc.in my service 17 years one month. please send. my total leave availed 192 days. i am not get any incentatives from company in my total service like above mentioned benefits. it is req. please prepare a full and final settlement and same will be send.
regards,
Tirupathi

gross
18th July 2017 From India, Dhenkanal

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