Is notice period buyout calculated on gross or basic salary?

What is issued to you; offer letter or appointment letter?

While posting such queries employee should post full basic information :

e.g;


Have you been issued with appointment letter?

You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc 


What is your designation and nature of duties in appointment letter and on record/ in practice? Did you have any power ( not just recommendation) to sanction leave/increment/appoint/terminate? Could anyone change /amend/cancell your recommendations?

Is any date of payment of wages mentioned in appointment letter?

How was salary paid; caah/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? 

At what rate the employer pays wages/OT/leave encashment e.g @ gross/basic+DA/CTC?

You were in which state ( Noted; Bnagalore) ?


What is this establishment; Commercial/Industrial ( Noted: IT company)?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?

 

Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, PF a/c number and a/c slips, ESIC card,Form16,  etc?


You have worked for how many months?

How many persons are employed in it currrently and what was max. no. at ant time?

 Has employer replied in writing on rate of notice pay?

Has it supplied FnF statement showing earned wages/leave encashment/OT/Bonus etc and adjustment of notice pay?

Has it supplied acknowledgment of notice of resignation/final resignation/acceptance/ salary slips of all months/PF number and a/c slipsof all years /Form16 of all years, NOC/NDC, handover of charge/assets etc ?

Pfa;

karnataka shops & estbs act 

Shri Ganesh Shenoy Vs The Management of Shetron Limited

You may also check:

Rate at which company pays Gratuity calculation ( as per Act it is Basic+DA), Retrenchment pay compensation ( in case of closure of establishment, It is basic+DA) 

You may also go thru:

Chapter V B of the ID Act: 1*[CHAPTER VB SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS  

You may also check if company has mentioned in writing in appointment letter/rule policies mentioned in appointment letter, standing orders the rate at which it shall tender notice pay if it initiates termination

You may also go thru:

https://www.lawyersclubindia.com/forum/Deducted-notice-period-3-months-salary-71291.asp

Discussion > Labour & Service Law > Employment > Deducted notice period 3 months salary