Notice Period - Jpg Download

Dear seniors,
In my company an employee have given resignation without one month notice period. then we will deduct one month salary for that notice period but my question is that, which amount I will deduct.
Case is that in june month employee worked 24 days of 26 working days. now we will deduct his full 26 days basic+DA amount or Basic+ DA amount of 24 days.
Plz guide me.
Regards
Shekhar Srivastava
Sr. Executive HR

Dear Shekhar,
1. Please go through the appointment letter and find out whether it is 1/2/3 months gross or Basic + DA or only Basic.
2. Find out from Time Office for how many days the employee served your organization after you received his resignation/or when did he handed over the resignation letter to his HOD i.e Date of Resignation letter in later case.
3. Advise Time Office not to include his name for salary processing, and then you can make a total as follows :-
No of days defaulted : Say 20 so 20 days Gross/Basic+Da /Basic : Rs 20000.00
Any PL/EL Balance : Say 30 days : Rs 30000.00
Any Advances : Say Tour Adv. : Rs 10000.00
So in the above case you need not to pay any-thing/recover any thing, however get the full & final signed by him which should contain that his accounts with the company have be settled as above and he doesn not have any outstanding against him/company.
Regards,
Exserg

Dear Shekhar,
If you want to deduct the notice period of one month following calculation will be helpful for you:-
(Total earning during the month) – (Total Salary for the month)
Say:- Total earning during the month is = Rs. 6000/- and Total Salary for the month is = Rs. 6500/-
Then, notice period amount is (-500) means recovery.
Regards
Pankaj Chandan

Dear Shekhar,
In my opinion one month full salary is to be adjusted from his full and final settlement of dues if not specifically mentioned in the appointment letter.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

hI
If Notice period is clearly mentioned in the appointment order and the same is acknowledged by the member, only then you can deduct the notice period wages. We have to deduct the full month salary. If he worked for after serving the resignation, then the working days can be adjusted and the balance days salary/wages can be deducted as notice pay.
Regards
R.Palaniswamy

Dear Shekhar,
If one has not served the Notice period then in such cases you need to deduct the Notice Period amount from his full & final settlement amount.
For example.. X Gross salary is Rs. 10,000/- and he has worked for 24 working in his last working month then obviously you need to make the payment of 28 days instead of 30 days.. And out of this amount you need to deduct one month notice period amount. Generally it is basic salary which is considered as Notice period amount, so pls check your policy and do the final settlement accordingly.
Regards,
Amit Seth.

Dear Shekhar,
Its very simple,you have to adjust his/her one month salary against one month notice period,
He/she already worked for 24 days in June months,you have to adjust rest 6 days salary(Basic+DA) from his/her other dues like as bonus,PL etc if any.
Best Regards
Sajid Ansari-Delhi

you can deduct same amount as a notice pay those amount availed by the employee as a monthly pay.

Dear Shekhar
It is upto the terms and condistions agreed in writing in appointment letter. Apartfrom this if he was under probation then it is not necessary to give notice of one month. I think you should not deduct any amount.
Ratan Kumar
9717438487

I am amazed to find such queries and dilemmas; where there should be none.

To go deeper into the problem; I think there is something wrong with the induction training; on-the-job-training etc. of such HR executives who do not know what to do when an employee resigns and one has to recover notice pay (one or two or three months as applicable).

Its very simple.

You asess whether it can be recovered from :

(i) his final payments (which means if employee has sufficient earned leave/ half-pay leave etc. to his credit). In such case you pay him salary for the month he worked on the date payable - as usual. Subsequently, during his Full & Final payment you deduct the notice pay.

(ii) If you are apprehensive that the employee does not have sufficient leaves etc. to his credit - you stop payment of the current month and put up a demand for payment of the shortfall.

(iii) :icon6: Kindly dont gag and bind the employee till his relatives turn up with the notice pay amount. This practice is ILLEGAL :)

Regards.