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Gaurav Sahni (qa)     23 September 2013

Notice period and buyout option

I have the notice period of  3 months in my company and i have put the resignation and i am happy to server the notice period for 2 months but they are not relieving with in two months.I just wanted to know the buy out option

what will be considered in buy out basic salary or gross salary

Do buy out only for working days or for all working and non working days

for Buy do i need to pay for the Public holidays also

 

Could you please answer this ASAP because i have to take the decesion ASAP

 

Thanks In Advance



Learning

 6 Replies

Kumar Doab (FIN)     23 September 2013

What is this establishment: Commercial or Industrial? You are located in which state and Redg. office of the company is in which state? What is your designation and nature of duties? Ideally it should be Basic+DA as employer would disburse OT, Gratuity, Bonus etc at this rate. The days to be counted including weekly off, holidays………………… You should be aware that while drawing salary you are paid for these days as well…………. You may go thru a similar thread at: https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkAj49KAqWM Discussion > Labour & Service Law > Others > Empolyer forcing for notice period And structure your notice of resignation carefully. It shall be good if you can resolve the matter in your favor while in employment, and get relieved peacefully. Employee should apply goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning skills, adaptability, flexibility and resolve the situation in favor while in employment. If the line managers/HR are troubling approach good offices. Remain amiable, gentle, and firm. Do not resort to emotional outbursts.

Gaurav Sahni (qa)     23 September 2013

Thanks for the reply. I am working in the IT industry and working in well known MNC. And i am handling all the QA activities.I am trying my best to resolve the matter in peaceful way but just wanted to know if it did not work. Just wanted to only basic +DA are included in the buy out money

Kumar Doab (FIN)     23 September 2013

You are located in which state and Redg. office of the company is in which state? You may go thru a similar thread at: https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkAj49KAqWM Discussion > Labour & Service Law > Others > Empolyer forcing for notice period

Gaurav Sahni (qa)     23 September 2013

I am working in Bangalore karnataka. ust wanted to know only basic +DA are included in the buy out money

Kumar Doab (FIN)     23 September 2013

Ideally it should be Basic+ DA as employer would disburse OT, Gratuity, Bonus, retrenchment compensation pay ……………..etc at this rate. Since you have to tender this payment, try your level best for Basic+ DA…………. You may look into standing orders of the company, appointment letter issued to you. The blanket exemption granted to IT companies by state Govt. of Karnataka was withdrawn and all companies were instructed to submit draft standing orders by Dec12 for certification by Mar13. If your company has submitted draft standing orders it should not hesitate to share with you. Service condition stated in standing orders can not be negated to employee in appointment letter and standing orders shall prevail upon appointment letter. Try by pressing on Standing Orders. The rate should be similar to employer and employee. If you have to calculate ask the company to send you the calculation and at which rate it has been calculated. Also ask at what rate company shall encash your leave, disburse OT, Bonus etc…………… and at what rate it would if required tender retrenchment compensation pay……………….in case of closure, discharge of employee……………… IT companies in Bangalore/Karnataka are covered by Karnataka Shops and Commercial Establishments Act............................ You may look into Sec: 39. It might be interpreted as last drawn monthly wages. Try by pressing on Standing Orders. Remain Gentle, amiable……………….. In case you find it difficult to understand take help from elders in the family, IT employees union leaders, Trade Union Leaders, Lawyer/law firm…………… You may find the IT/ITes/BPO employees unions, some of these are; https://www.itpfindia.org/ https://www.itecentre.co.in/ Contact Us Please contact us on mail id : contact@itecentre.co.in. ph : 9620907912 Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com https://ithiworld.wikispaces.com/News+Update ITHI, a forum of women employees in IT and ITeS IT/BPO Voice of India | Facebook CBPOP (the present UNIDOC) www.unitespro.org https://www.wbitsa.org/

Attached File : 1001099037 trade unions in karnataka.doc, 1001099037 list of labor officials in banglore.doc, 1001099037 karnataka%20shops%20and%20commercial%20establishment%20act.pdf downloaded: 166 times

Sanjay Kumar (Sr. MIS Executive)     24 September 2013

hi I have resign from Tuareg Marketing Pvt Ltd. on dated 18-Nov-2010,and my last day was 30-Nov-2010 and my sr. promised me to confirm the resignation, but he did'nt till date and i am continually follow through the mail but co. is not responding and did'nt release my Full and final payment so far, please suggest what should i do in this situation.

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