Subrata Chakraborty (Manager (Comm.)) 29 October 2013
An Employee resigns on 5th Sept. with one month Notice but he stops coming to duty from 25th Sept. Is it legal to deduct notice pay for 11 days (25th Sept to 5th Oct.) from his full and final? His full and final constitutes 25 days salary of Sept. + Leave Encashment+ Bonus. The company has not given him appointment letter. He has worked for nearly 3 years.
Kumar Doab (FIN) 29 October 2013
In FNF statement leave encashment, Bonus, notice pay recovery for shortfall in notice period may be computed and acceptance of employee obtained and FNF amounts be disbursed.
Non issuance of appointment of appointment letter does not deprive him of his rights.
Rather non issuance of appointment letter may be violative of enactments applicable to the establishment.
If it is commercial establishment apply notice pay and leave encashment as stated in Shops and Commercial establishments Act of your state.
Subrata Chakraborty (Manager (Comm.)) 31 October 2013
It is factory registered under Factories Act.
Kumar Doab (FIN) 31 October 2013
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