if employee resigned and he worked only 20 days balance 10 days he surrendered his ELs, in this case,
1. We need to pay one month full salary or only working days, means 20 days only..
please give me your valuable suggestions.
6th March 2019 From India, Bengaluru
Dear Prathilokesh
Notice pay implies that the employee shall attend the duties for the Notice Period, if due to any reasons he is not able to do so , upon mutual agreement the short notice period can be compensated against cash equivalent.
In this case only 20 days salary is to be paid. If you pay for 30 days the there will be no adjustment against 10 short days.
Shailesh Parikh
99 98 97 10 65
Vadodara
6th March 2019 From India, Mumbai
Dear Parthi,
Both under Shop & Estd Act and under Factories Act, unused ELs can not be adjusted against the notice period. If the notice was 30 days and the employee only worked for 20 days and has 10 unused EL, then you need to reduce the pending notice of 10 days from his earnings of 20 days and add 10 days of Leave encashment.
Regards
Rahul Chhabra
8th March 2019 From India, Delhi
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