What I understand is that as a result of your discussion with the HR, your originally fixed notice period of 60 days or 2months was orally agreed to be reduced to 40 days. But when the exit happened after the expiry of 40 days, your balance leave of 11 days was adjusted against the unserved notice period and the remaining 9 days only were actually and officially waived off. The HR might have given such oral assurance in good faith to reduce the notice period to 40 days but the management would have modified his proposal of waiver to 9 days only. So, it seems to be correct if not fair based on the HR's oral assurance. I don't think that your objection will have any validity vis-a-vis the actual notice clause of the contract of employment. Regarding your claim for gratuity for a period of 1.5 years of service based on the projection in your CTC, my view is that your claim is totally untenable for you had not rendered the minimum qualifying service as per the Payment of Gratuity Act,1972. That apart, CTC is not a contract in itself nor a part of the contract of employment but only an indicator of the direct and indirect benefits of employment. As far as a statutory benefit finding place in the CTC, its sanction is subject to the fulfillment statutory conditions only. Mere mention in the CTC can not entitle a claim for payment when the conditions are not ripe.
22nd July 2019 From India, Salem
Thank you for your reply. Could you also tell me, if it's the HR or the manager's decision, to balance my leaves? Also, can I ask for the F&F statement, since none has been provided to me?
22nd July 2019 From India, Pune
What you have to clarify here is in full & final settlement for your case is payable salary,leave balance and any other earnings like performance bonus etc if applicable. Your leave balance was adjusted in the waiver as per reading your version and as rightly explained by learned senior Mr.Umakanthan.
What else is there is F & F for you to claim? If you have got your payable salary for the period, there could be nothing else. Better go and clear the same in your HR department either in person or through an email.
23rd July 2019 From India, Hyderabad