Hi, after a year of chasing, my ex-employer offered me a couple of thousand bucks as the Full & Final settlement. The calculation method they use looks very fishy to me. Here it goes:
Notice Period and Settlement Calculation
Total Notice Period - 43 days (I had to extend beyond 30 days because of prolonged negotiations with management to retain me and to compensate for the leaves I had taken during the notice period)
Total Leaves Taken During the Notice Period - 19.5 days
Total Working Days - 43 - 19.5 = 23.5 days
Shortfall of Working Days in the Notice Period = 43 - 23.5 = 19.5 days
Full and Final Settlement = 23.5 - 19.5 = 4 days
Do other companies use a similar calculation? Is this even legal?
From India, Pune
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Notice Period and Settlement Calculation
Total Notice Period - 43 days (I had to extend beyond 30 days because of prolonged negotiations with management to retain me and to compensate for the leaves I had taken during the notice period)
Total Leaves Taken During the Notice Period - 19.5 days
Total Working Days - 43 - 19.5 = 23.5 days
Shortfall of Working Days in the Notice Period = 43 - 23.5 = 19.5 days
Full and Final Settlement = 23.5 - 19.5 = 4 days
Do other companies use a similar calculation? Is this even legal?
From India, Pune
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Full and final settlement depends on various factors like salary, tenure of employment, nature of company, and strength, as well as the reason for the cessation of employment. Please provide these details for better advice.
From India, Kolkata
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247From India, Kolkata
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The answer will depend on what your actual notice period was in your appointment letter. If the notice period is 30 days, then the computation will change to that extent. The error above is that they are considering the leave taken days as absent while including it in the notice period also.
From India, Mumbai
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From India, Mumbai
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Notice period means you have to physically serve notice as per the contract to enable your organization to look for your replacement and hand over the charge smoothly. First of all, no organization provides or approves any leave during the notice period. You have actually worked for 23.5 days; thus, your shortfall of the notice period is 30-23.5 = 6.5 days, and hence your employer has not done any injustice by recovering 4 days shortfall of the notice period.
Suresh
From India, Thane
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Suresh
From India, Thane
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Gmail - Full & Final Settlement Calculation sheet -16556 - Umesh Chand.pdf
Full n final settlement.doc