Facing Harassment Over Notice Period: Can I Settle with Just Basic Pay and Academic Grade Pay?

drkalpanabnys
I am working in a college. As per the appointment order clause, I must resign at the end of the semester and give three months' notice or pay three months' salary. My question is, can I pay only the basic pay and Academic grade pay, and not other allowances? Please suggest urgently as I am being harassed and need relief. I am already becoming ill. Please help me.
vmlakshminarayanan
Hi, In the normal course, the gross pay of the employee will be considered for the recovery of salary against any shortfall in notice. However, please check your appointment terms in detail.
KK!HR
The allowances like HRA, Transport, Medical, LTA, etc., which are in the nature of reimbursement of expenses, are not to be included in the payment for the notice period. However, fixed pay components like Basic, DA, etc., are payable.
Madhu.T.K
Very simple, my view about "salary" is that 'salary' means the amount your employer considers for deduction in case you take a leave without pay. The employers (of course, the HR or the Personnel Managers) consider gross pay inclusive of all allowances to deduct a LOP but will take only Basic pay for calculating benefits payable to the employees. This is wrong.

Gross Salary vs. Basic Pay
If you are offered a salary, it will be a gross amount, and it is for the convenience of the employer that the same is bifurcated into smaller compartments. The employee will never say that his basic should be this much, the HRA should be like this, and so on. That means salary in total should be the base for everything, deciding notice pay, compensation for termination of employment, calculation of gratuity, leave encashment, etc.
rkn61
Notice period pay differs from employer to employer. Some employers will accept one month's gross salary in lieu of one month's notice period. Others may accept basic salary, DA, and special pay, excluding HRA or conveyance allowance. Please review your offer of appointment before deciding to pay.
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