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Manjunath.Kapparashetty (Engineer)     02 January 2013

Full and final settlement

Dear sir,

I have a notice period of 3 months. But i quit after giving 1 month notice period.

Now as per the agreement i need to pay the 2 months salary to the company. Now my question is 

Do i need to pay the whole salary or just the basic of 2 months?



Learning

 3 Replies

PRADEEP KUMAR (PARTNER)     02 January 2013

u shuld be create the situation where employer itself order for resign and u may get 3 month salary also. but where u sign bond then either u proove that this situation u was resign due to mis behaviour of employe/ officers.

Jay (Service)     02 January 2013

what is mention in your appointment letter for notice period, pls expain to us...

 

Basically most of company have only basic salary for notice period...

Kumar Doab (FIN)     02 January 2013

The employer shall encash earned leave, pay bonus, gratuity, etc @ Basic+ DA.

Notice pay should be @ Basic+ DA. You may need to drill sense and apply rapport, goodwill, exceptional levels of reasoning, persuasion, persistence, negotiation skills and resolve the matter amicably.

Remain amiable, cool, and composed.

Request the good offices of your appointing authority, MD, Chairman, Company Secretary to adjust notice pay @ Basic+ DA, in your FNF statement and supply you the correct FNF statement and affirm that you shall pay the payables if any as per correct FNF statement by cheque favoring the company against acknowledgment and receipt to be issued to you on the spot under the seal and signature of competent employee of the company.

If you tender notice pay in advance without getting it adjusted in FNF statement you shall get Form 16 as per FNF statement {without entry and hence reduction of notice pay} and if your next employer is buying notice period you shall be subjected to double taxation.

Once the Form 16 is issued the previous employer may not agree to correct/update/amend it.


 Usually the HR shall subject the employee to a drill of transactions/negotiations and shall avoid giving anything in writing, as majority of the employee get subdued and suffer later.

Instead of getting bogged down by the communications/ transactions/negotiations/tantrums remain firm, but amiable and succeed in getting the dues as suitable to you and stand of the company in writing. If you have in writing you may rake up the issue after getting your acceptance of resignation, work experience/service certificate, relieving letter. However you should be careful to deny the acceptance of FNF statement in writing and must submit in writing that FNF statement is not correct and not accepted and FNMF dues are received under protest.


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