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john-wangso
In our factory workers are leaving job without any intimations and submitting their resign letter after some months, can we deduct 1-month salary from their settlements. Please advise.
From India, Erode
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Sr. Hr Manager
R.N.Khola
Labour Laws & Ir

rkn61
624

Please elaborate. What is the clause of separation in the Appointment offers issued to workmen?
From India, Aizawl
john-wangso
6 month probationary period. in that no need to serve notice period. but they have to inform the management. after 6 month their job is confirmed and they have to service notice period of 1 month or need to pay 1 month salary.
From India, Erode
john-wangso
Hi sir, also please advise whether we need to pay earned leave for the workers in settlement who worked only for 1 or 2 months. currently we are paying 2 days EL in settlement even if they worked only for 30 days.
From India, Erode
rkn61
624

Depending upon their length of service you can decide the notice pay. (If they seek separation from company within six months - or during probation - you need not collect notice pay. If the length of service is more than six months - or after probation period - you have to ask them to give one months notice or salary in lieu of notice period.
I have not heard that in factory 2 days EL is granted to employees for every 30 days worked. Anyway, depending upon their service in factory, you can give EL pro-rated to the number of days worked by them.

From India, Aizawl
john-wangso
Sir, we are paying EL to all left employee who worked 1 or 2 month and left the company. is it mandatory to pay EL and bonus in settlement .
From India, Erode
R.N.Khola
363

Hi,
EL is to be paid in accordance with section 79(3) of Factories Act, 1948 in F&F settlement while bonus to be paid if found eligible along with other employees after its declaration by the management in accordance with the provisions of Payment of Bonus Act, 1965. In general it has been seen that management used to pay bonus @ of 8.33% at the time of F&F settlement. In such cases difference of bonus should be paid if it is declared @ more than 8.33% by the management at later stage in accordance with law.
R N KHOLA

From India, Delhi
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