ramesh agarwal (a) 30 December 2016

Written document for leaves adjusted against notice period

I was employed in a government company. It had 90 days notice period. I only gave 30 days notice period. That company adjusted 60 days against my eared leave. So they did not pay me 60 days of earned leave money. I want a written proof of this adjustment but they are denying it, saying that there is no such policy. However they did sent me an email in which they gave exact details of adjustment. I want a written proof that about how much money has been adjusted. How can i get this? Is there any law for this ? any legal procedure ?

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22 Replies

Kumar Doab (FIN) 31 December 2016

Request to supply the FnF statement, showing computation of earned wages/other payouts/leave encashment and adjustment of notice pay and final amount as payable by employer/employee.

Kumar Doab (FIN) 31 December 2016

Do you suspect any wrong calculation?

Prepare your own FnF statement and reply on the same email trail that was sent by employer.

I am sending you a link that you may go thru and pick up relevant points.

Arvind Mohan (DGM (Retired)) 31 December 2016

This is a normal practce in Private companies, but unheardof on govt. Companies, where you have to payout actual slary for which the notice period falls short of the notice period mentioned in employment letter. However, in both the cases the net money in your hand on account of unvailed earned leave encashment would be same. Please specify the reason for which you require this breakup.

Kumar Doab (FIN) 31 December 2016

Probably: You are suspecting wrong calculation of ( number of ) leave ( you may relate your case with the link), rate of leave pay ( say Gross), rate of notice period ( say basic) and any other pay out, if any, that was to be computed.

Vivek H Bedarker (A) 31 December 2016

They deducted 60 days EL to adjust 60 days of notice period. So what is the issue? Whatever be the amount the company has considered 60 days equivalent. Why do you need to know actual amount? Also If you had EL more than 60 then you must have encased them at time of actual departing (allowed in rules). So you might know the amount. But again the amount is immaterial. It is 60 days of EL equivalent adjusted against 60 days notice period.

G.L.N. Prasad (Retired employee.) 31 December 2016

Please file RTI Application seeking specific details of Leave record and final settlement done. Search website of your authority to find prescribed format and fee. Also file the same as Grievance petition in their on line portal or on line pgrms portal. Public information officer, has a statutory obligation to inform any citizen on any information within 30 days of receipt of application pertaining to him. You can also seek their policy or statement of adjustment made towards amount adjusted towards notice period.

This costs you less than Rs.32 ( Rs.10 RTI fee + Rs.22 Registration). There are further two steps of first appeal and second appeal, even if PIO fails to provide the information

Kumar Doab (FIN) 31 December 2016

Start from 1st year and look into leave eligibility, leave balance, leave C/F, for each yeat till LWD in last year, and service rules/conditions and rate of leave pay ( say Gross), rate of notice period ( say basic) and any other pay out, if any, that was to be computed.

Go thru the link.

ramesh agarwal (a) 31 December 2016

No, calculations are ok. I have to give this document in my new company so that I can get this amount from them.

Kumar Doab (FIN) 31 December 2016

Apparently notice period is bought by next employer.

You may ask for correct FnF statement showing reduction of FnF amounts by notice pay and Form16 as per correct FnF statement.

In case notice period is bought by next employer, you may be subjected to double taxation.

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ramesh agarwal (a) 31 December 2016

I did ask them for formal proof of adjustment. They said, company doesn't provide any such document. They will think about it. How would i be subjected to double taxation. Please note that old company never paid this amount to me. It would have been paid if i had served 90 days notice period.

G.L.N. Prasad (Retired employee.) 31 December 2016

A public authority is bound to provide information under RTI Act. Please follow RTI procedure without any doubts first. After filing such application, search for alternate remedies and plan taxation.

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Arvind Mohan (DGM (Retired)) 01 January 2017

The company may not have actually calculated two months pay since they were not required to do so while adjusting two months leave against notice period. However, you can obtain a certificate from them that two months leave was adjusted against the notice period. You can furnish this certificate along with your l;atest salary slip to your present company to claim the compebsation. This amount will be taxable. There is no question of double taxation since tax is to be paid on income actually received / accrued and not on waiver of two months notice period.

(Guest)

Dear Ramesh Agarwal,

Have you been able to derive even a bit of some simple advice for your very simple problem out of different posts made by Mr. Kumar Doab as to what can be the precise remedy to your problem?

In fact, besides mqaking so much presumptions, he has suggested you an extraordinarily long \ route to teravel from the very beginning of your service till the end of service to make enormous calculations, as he stated, "Start from 1st year and look into leave eligibility, leave balance, leave C/F, for each yeat till LWD in last year, and service rules/conditions and rate of leave pay ( say Gross), rate of notice period ( say basic) and any other pay out, if any, that was to be computed."

Apparently he has made a bid merely to confuse you so much by complicating your issue by his altogether vague, wrong and irrelevant advice.

As usual in several other cases also, with his multiple posts, Mr. Kumar Doab has created utter confusion to make your problem much more complicated than providing any specific solution.

In other words, besides creating complication in your problem by misdirecting you with his wrong advice, he has tended merely to waste your time and energy by unnecessarily loading you with multiple pages of quite irrelevant junk material with the advice to read for yourself, irrespective of whether you are able to get any clue to solve your problem or not.

SO, THE ADVICE OF MR. KUMAR DOAB IS ABSOLUTELY WRONG AND CANNOT BENEFIT YOU EVEN TO 1% IN SOLVING YOUR PROBLEM.

God knows with what of his hidden intention he has tried to misguide you towards a very wrong direction. It seems, instead of being an expert, he merely acts as a tout to some of the lawyers and complicates the issues to recommends the name of some lawyer just for earning some commission.

IN FACT, you cannot expect any legitimate advice from a person, who always appears with a fake identity, as he has not shown his real name, photo and location in his profile. He has very openly refused to come forward with his real identity (name, photo and place of his location) at his LCI profile, even on several repeated requests. EVEN IF YOU REQUEST HIM, YOU WILL SEE FOR YOURSELF THAT HE WON'T SHOW HIS FACE, NAME AND LOCATION. FOR EXPERIMENT SAKE, YOU MAY LIKE TO TRY AND ASK HIM TO UPDATE HIS PROFILE WITH HIS REAL NAME, PHOT AND PLACE OF LOCATION. I AM SURE, HE WON'T OBLIGE YOU.

(Guest)

Dear Ramesh Agarwal,

so far as your problem is concerned, Government companies are bound to provide the required information within 30-35 days on application under Right to Information Act.

So, through a very brief advice, Shri G.L.N. Prasad has rightly advised you. You may take that route instead of wasting your precious time any more to work on the wasteful suggestions of Mr. Kumar Doab.

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