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Want to get early relieving from employer

Page no : 2

Kumar Doab (FIN)     29 November 2016

You are welcome.

Best wishes.

Kumar Doab (FIN)     29 November 2016

The rate of notice pay is also duly described in enactments provided to you.

If at all you decide to tender notice pay, write and express paying under protest and ask to adjust in FnF statement.

Ask next employer for buy out of notice pay. If notice pay is adjusted in FnF then you shall not be subjected to double taxation.

Kumar Doab (FIN)     29 November 2016

The query is repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=144747&offset=0

Pls continue in one thread.

Kumar Doab (FIN)     30 November 2016

The matter was also discussed in your thread at:

 

https://www.lawyersclubindia.com/forum/Clause-for-medical-leave-at-notice-period-142109.asp

 

sanjeev   01 December 2016

IT Company am working with do comply with standing orders (Model) , can i force management to adjust my notice shortfall with my accrued earned leave? Altough its not mentioned there in my appointment letter.

Kumar Doab (FIN)     01 December 2016

Model Standing Orders is a statue and shall prevail upon appointment letter.

Standing orders are certified on the lines of Model Standing Orders.

Once certified it becomes instrument of law.

Sec;13; provides for; Ntotice Period=NIL during Probation Period and ....................=30dasy after confirmation of service.

 

The point is as already clarified:  

 

--you shall be covered by Model Standing Orders ; If you are covered by the def. of 'Workman' as in ID Act

 

--you shall be covered by Certified Standing Orders ; If your designation is  covered by Certified Standing Orders.

 

For this you need to spend some quality time with a very able counsel specializing in labor/service matters, along with your duties on record and in practise.

 

 

 

Kumar Doab (FIN)     01 December 2016

Avoid falling into trap of many unscrupulous elements loitering at many online portals to fleece the querists........................ and abuse them. Visit the profile of person feigning as so called 'Experts' and read about him/her, before you engage anyone.

 

 

You may also go thru:

 

https://www.google.com/url?hl=en-GB&q=https://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id%3D624436&source=gmail&ust=1480674410286000&usg=AFQjCNESZCAR8Sm5idLnDjp9JtTkEHLiAA

 

 

https://www.lawyersclubindia.com/experts/I-am-looking-for-clean-lawyer-624476.asp

 

 

 

 

Kumar Doab (FIN)     01 December 2016

The UP Shops & Estbs Act, as already cited lay down for 15days.

Choose what suits you.

In  FnF statement employer shall compute  earned wages/leave encashment/OT/Bonus/reimbursments/incentives etc etc and adjust notice pay ( as per correct position applicable in your case as already explained) and tender FnF payment.

If FnF statement is not correct as per you decline to accept or accept under protest.

If service rules provide for leave balance to be adjusted against notice period ( not notice pay) then avail it.

 


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