Hi all, "I am working for small private software development company form past 4 months.This is my second company. I resigned due to personal reason and company is asking me to serve 90 days else pay the remuneration. As per offer letter, I fall into two clause 1.I didn't get written communication from them on completion of probation period of first 90 days. 2. it states termination by either party can be done by giving np of 90 days or pay/recover up to 3 months fixed salary in lieu of notice.
Also the company policy book says , if employee resigns after completion of 1st 90 days of probation,employees must give 3 months notice of resignation. The employer may waive the resignation notice in whole or in any part at any time by providing payment of regular wages for the period so waived."
My concern is:
1. They accepted the resignation but are asking me to serve 90 days or pay remuneration for 90 days. Going by their policy handbook, I was confused about "regular wages" term. is basic pay considered for buy out?
2. They are telling,only offer letter condition is considered as I have signed only on that and not on employee policy handbook,because policy can be changed at any time. (But currently the policy has not been changed since 4 months of my tenure here)
3. So in offer letter it states as "fixed salary" payable for notice period. So is this gross or basic salary?
Kindly advise at the earliest as I have halted all my personal finance due to confusion on buy out amount since I have no other choice than buy out.
From India, Bengaluru
Also the company policy book says , if employee resigns after completion of 1st 90 days of probation,employees must give 3 months notice of resignation. The employer may waive the resignation notice in whole or in any part at any time by providing payment of regular wages for the period so waived."
My concern is:
1. They accepted the resignation but are asking me to serve 90 days or pay remuneration for 90 days. Going by their policy handbook, I was confused about "regular wages" term. is basic pay considered for buy out?
2. They are telling,only offer letter condition is considered as I have signed only on that and not on employee policy handbook,because policy can be changed at any time. (But currently the policy has not been changed since 4 months of my tenure here)
3. So in offer letter it states as "fixed salary" payable for notice period. So is this gross or basic salary?
Kindly advise at the earliest as I have halted all my personal finance due to confusion on buy out amount since I have no other choice than buy out.
From India, Bengaluru
In normal parlance and as used widely in the industry, 'Fixed salary' includes all constant elements in your pay packet but does not include variable pay like incentives, traveling allowances or sales commission etc. We need to know your salary components to state clearly the components included.
From India, Mumbai
1530From India, Mumbai
Hi, Thanks for the reply. My pay structure includes basic,dearness allowance,HRA,special allowance and conveyance under Gross Salary. Kindly advice.
From India, Bengaluru
From India, Bengaluru
You have to include basic & DA. You need not pay HRA, Spl All & Conveyance as they are contingent upon performance of duty.
From India, Mumbai
From India, Mumbai
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