Components of notice pay
Sandeep Haralalka
(Querist) 23 June 2014
This query is : Resolved
Dear All,
A company requested an employee to submit his resignation and not serve the notice period. The candidate is working as a manager.
Salary breakup is as follows :
Basic - 11500
H R A - 4600
Transport Allowance - 4600
Medical Allowance - 2300
Gross Pay - 23000
and PF deductions only.
Total take home pay is 23000 minus P Tax and PF.
As per the terms of his appointment letter nothing has been mentioned regarding notice pay except that one month's notice shall be given by both sides after confirmation. Employment is confirmed.
My question is what should be the notice pay at the end of the one month.
What should the notice pay be for full and final settlement of the candidate - should it be only basic salary or salary last drawn i.e. 23000 minus P Tax and PF.
Appointment letter is attached for your reference.
Please respond urgently. Thanks in advance.
T. Kalaiselvan, Advocate 
(Expert) 24 June 2014
You consult a lawyer and issue a legal notice to the employer demanding the notice pay, you will come to know about the company's rule in this regard after which you can think of contemplating further legal action on this.
Rajendra K Goyal
(Expert) 24 June 2014
If the company has not paid the pay of notice period claim the same, consult a local lawyer.
Rajendra K Goyal
(Expert) 24 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Components-of-notice-pay-479791.asp#.U6j7mLFKqRQ
Sankaranarayanan
(Expert) 24 June 2014
First send a notice with the help of a local lawyer
ajay sethi
(Expert) 24 June 2014
agree with MR kalasilevan
Kumar Doab
(Expert) 24 June 2014
What is this company/establishment: Commercial, Industrial, Small Enterprise?
It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.
The Redg. office of the company is in which state?
The employee is in which state?
You are the proprietor of the company or the Manager from whom resignation has been demanded?
If you are the Prop. You can afford the legal opinion from your lawyer!
Forced resignation is offence.
It can also be termed deemed termination.
Designation alone does not decide employee shall be covered by various labor laws or not.!!!!!
Sunil S Nair
(Expert) 27 June 2014
Agreeing to above experts i like to add that as you mentioned the terms state that notice should be given before one months so notice should be given and salary shall be counted during that period and settling all dues according to law determined and our company employee policy if any or in accordance to AOA or standing orders
