How Should Notice Pay Be Calculated: 30 Days or 31 Days? Seeking Advice on Fair Practices

Juana123
Notice Pay Calculation

The company has to pay me notice for 30 days of basic pay and full salary for 15 days in the F&F settlement. Please help in calculating the per-day amount. Should it be calculated based on 30 days or 31 days? Basic/30 = per day basic or Basic/31 = per day basic.

Company's Calculation Method

The company decided to choose 31 days to calculate the per-day salary, which decreases my pay. Is there any law that can help me in calculating the salary based on the standard 30 days calculation?
Juana123
Bonus Payment Issue

The bonus amount was not paid for the period I worked at the company. It is stated that the bonus will be paid only if the employee is still working in the organization when the bonus is paid out, even if the employee worked during the time the bonus was calculated for. I request your advice.
umakanthan53
Dear Juana, For all purposes other than the calculation of statutory gratuity, a month is deemed to comprise 30 days only. For gratuity, it is deemed to have 26 days. Therefore, for the settlement of dues on full and final, the last month in which separation happens should be deemed to have 30 days only, irrespective of the actual number of days in that month. If an employee works for a minimum of 30 working days in an accounting year, he is entitled to get a bonus for that year, irrespective of the fact that he is in the service of the establishment on the date of payment of the bonus or not. Hence, the contention of the management is not legally correct.
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