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Anonymous
Hi,
After an 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 :-
Total Notice Period - 43 days ( I had to extend beyond 30 days because of prolonged negotiations with Management to retain me and to compensate the leaves I had taken during notice period )
Total Leaves taken during Notice Period - 19.5 days
Total Working Days - 43-19.5 = 23.5 days
Shortfall of Working Days in Notice Period = 43-23.5 = 19.5 days
Full and Final Settlement = 23.5-19.5 = 4 days
Do other companies use similar calculation? Is this even legal ?

From India, Pune
riteshmaity
243

Full and final settlement depends on various factors like salary, tenure of employment, nature of company and strength etc as well as reason of cessation of employment. Please provide these details for better advice.
From India, Kolkata
saswatabanerjee
2383

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 notice period also.

From India, Mumbai
suresh2511
246

Notice period means you have to physically (work) serve notice as per the contract to enable your organisation to look for your replacement and handing over the charge smoothly. First of all no organisation provide or approve any leave during the notice period. You have actually worked for 23.5 days thus your shortfall of notice period is 30-23.5 = 6.5 days and hence your employer has not done any injustice by recovering 4 days shortfall of notice period.
Suresh

From India, Thane
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