If an employee gives resignation to the company on 31st August and he was serving under a one-month notice period, when should we release the salary for September? The working days would be from the 1st to the 29th, and the 30th, the last day of the month, falls on a Sunday. In that case, should we pay the salary for 30 days or 29 days? I request you to clarify the same. If there is any relevant case law, please share.
Regards,
Balaji. N
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Regards,
Balaji. N
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You have to give effect to the "date of relieving" for salary purposes as well. For example, if your relieving letter states "relieved on Saturday, 29th Sept.," you may pay for 29 days (even here, the employee is entitled to a day of paid weekly holiday). Alternatively, to account for a 30-day notice period, if the date of relieving is stated as 31st Sept., then you may pay for 30 days. This sounds logical because Sunday is a weekly holiday, and there is no question of "working" for an outgoing employee. In any case, an employee should be given a day of 'paid weekly rest,' which is suffixed and is in order.
From India, Bangalore
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1159From India, Bangalore
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The employee is physically relieved from service on 29th September, but the notice period is for one month. So, the employee continues to be notionally on the rolls of the establishment on 30th and is entitled to be paid for 30th September. There are clear Government Rules (GOI) in this regard. You can apply the same principles but not able to recollect any case law in the matter.
From India, Mumbai
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From India, Mumbai
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