Dear All,

Can anyone help me with this? If an employee has been terminated or resigned and left without serving the notice period, what do we need to do if they worked for a few days in that particular month? Do we need to calculate ESI and PF for those days worked? How about the payment of contributions to the government? What should be done regarding notice period recovery?

Please assist me in finding a solution.

Thanks,
Shaaku

From India, Bangalore
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Hi Shaaku,

Do you have any policy for the notice period? If so, what is the notice period? If anything above a 30-day notice period shall not be recovered as per the labor laws. If you are planning to pay for the days worked in that month, then you should also calculate ESI, PF & PT. Else, you will be violating the statutory.

From India, Bangalore
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hai saaku, AFTER ADJUSTMENT OF THE NOTICE PERIOD AMOUNT ON LEFTOUT AMOUNT ESI, PF MAY BE PAID. ALONGWITH OTHER EMPLOYEES THIS AMOUNT ALSO PAID TO THE GOVT. IN USUALLY MANNER
From India, Visakhapatnam
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Hi Shaaku, For the number of days he worked has to be paid (Reason being terminated or asked to leave the organization) and esi and pf has to be calculated. Regards Deepak
From India, Delhi
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PF and ESI shall be paid not on the wages left out after notice pay ,but on the wages payable without any deduction. VARGHESE MATHEW 9961266966
From India, Thiruvananthapuram
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Dear Friend,

You are mixing up two separate issues. First, the salary of the employee for the period he had worked in your company, and second is the notice period. The answer for the first is legally you have to calculate the salary for the period said employee had worked before leaving the company for whatever reason it may be. On this amount, you are liable to pay all the taxes, ESI/PF, and all other statutory dues.

On the second question of the notice period, you can credit the balance amount into the salary recovered against the notice period if it's as per the terms of the appointment letter. But please understand the notice period salary is only basic + DA, and other benefits can't be recovered, so calculate as per the rules.

From India, Delhi
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If an employee has left without serving the notice period and returns to fulfil the obligations of notice period, he should be allowed and as usual, PF and ESI willbe deductible till he is released.
From India, Bokaro
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Dear Shaaku ji,

Are you from Bangalore?

Well, you will have to deduct the PF and ESI contributions for the fractional wages irrespective of the days worked (even if it is one or two days). The payment you will have to make along with the concerned month's payment and other usual contributions.

For the notice period deduction, you will have to deduct the concerned amount from his other dues, such as LTA or leave wages.

Are you clear, madam?

Regards,
Venkat
Bangalore

From India, Bangalore
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