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Hi All, Hope all of are doing well.
I need suggestions on my scenario.
1. My resignation letter was put forward on 20 Aug 2019.
2. I got a response from employer they will pay salary in lieu of, my notice period waiver.
3. After this, I was released on 30 Aug 2019, Where I was ready to cover my whole notice period.
4. At the last day of working the informed me for the rest of days they will pay me only the Basic pay not the actual pay.
// The are forcing me to take this saying there is no option, This is as per Indian Labor Law.
//Employer did not informed me on this in advance, After the sign off and exit documentation they are informing neither mentioned on offer letter.
//On resignation acceptance email the have mentioned they will pay in lieu of salary only.
5. They are manipulating my PL data for which encashment is available.
I have tried over the phone and email there is no such response, Need your suggestion this.
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Hi,
Either full notice period or gross salary in lieu of same is the right procedure. When you are ready to serve proper notice period if the employer is relieving then they are bound to pay you balance proportionate gross salary. While signing the full and final settlement statement you should have noticed it and asked for clarification. Go to your office by person and meet your HR and make a request and ask for full salary against notice period.
Thanks Lakshminarayanan for the clarification, Now they are not ready to pay the gross salary they will pay me the only basic when I asked them why they are doing so HR replied saying this is as per Indian Labor Law. So, Just wanted to know is there any Law or not .
If yes, Then no point of asking them.
If No, Then what can I now at this point.
Hi,
Basically terms and conditions on notice pay should have been mentioned in your Appointment letter /contract of employment letter as applicable in your case. Also if your Company is having certified standing order you can check in it also. While the general practice is Gross salary some company follow Basic salary only.
So it depends on the Appointment terms. Please check the separation clause and then discuss with your employer.
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