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Narendra Patel (PS)     27 November 2013

Should i pay basic / gross salary during ff settlement ?

Dear Sir, I (as a probationary employee) was resign the company without notice before 8 month back. Now i got F& F settlement letter in which employer demanded one month gross salary. However in appointment letter mention that one month notice period required for probationary or confirm employee other wise employee need to pay one month salary (But not mention its basic or gross or net salary). Now company demanded one month gross salary for f&f settlement so kindly request to you please guide for below 2 questions ---- 1- should i pay as gross salary or basic salary ? 2- if i am not paying as per there f&F amount than how can i withdrawn PF ? Regards N Patel



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 6 Replies

Pooja Hegde R. (Advocate)     27 November 2013

Please e mail your appointment letter,offer letter and all other documents of employment to advocatepoojahegde@gmail.com or to other advocates here. You could be missing some clause in the letter.

Narendra Patel (PS)     27 November 2013

Thank you so much for good advice.But i would like to say that appointment letter only mention term "salary" need to pay by employee who has been leave organisation without serve notice period. No any clarification about its basic or gross . So kindly request to you please give me solution that what is government rule for settlement about salary whether its basic or gross ? ?

Narendra Patel (PS)     27 November 2013

Actully Madam its hard copy and creat problem to upload . Please respond me. 

Pooja Hegde R. (Advocate)     27 November 2013

Patel, Unless I read the documents, understand your nature of work, I cannot comment. You can scan and mail the hard copy if you wish.

Kumar Doab (FIN)     29 November 2013

You may show the standing orders applicable to the establishment and extended to your designation (Certified/Model), appointment letter, service rules, HR policy to your lawyer.

 

You r lawyer can examine whether notice period should be applicable during probation period in your case or not as per statue

and

whether notice period should be applicable as per length of your service as per Shops and Commercial Establishments Act of your state? .

 

Since the employer disburses OT, Leave encashment, PF, Gratuity, Bonus etc @ Basic+DA the notice pay may be applied @ Basic+DA.................

 

The PF can not be stopped, attached, blocked............................

 

If your PF a/c is with EPFO then the funds in you’re a/c are with EPFO and not with employer.

 

The employer has to just attest the PF forms and it is duty of employer.

Declinature to attest PF forms is cognizable offence.

The employer has to attest and submit PF forms in 5 days to EPFO and has to supply the acknowledgment issued b EPFO for you to you. You may in writing demand that this acknowledgment be supplied to you by redg. post only.

 

You may submit PF forms by redg. post.

 

 

DEEPAK PRATAP SINGH (LLB,ACS)     20 May 2014

Dear Friend,

The Notice Period Salary Should be Gross Salary.So you have to pay amount equivalent to your Gross Salary while leaving your organisation. Other things will be decided based, what is written in your appointment letter.

Regards'


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