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SANJEEV SRIVASTAVA (LAWYER)     31 July 2010

defination

In a notice period it is written that ou have to give three months notice to company else a sum equivalent to 3  months gross remuneration payable by company to the employee calculated on the basis of the remuneration last paid by comp. to employee.

And somewhere it is also written as 3 months gross remuneration calculated at the rate of remuneration drawn during the last month.

What wold be last drawn salary if i take leave and draw a salry only 25000 instead of 50000 and after receiving salary gives notice to company.

Thanks in advance



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 July 2010

In my opinion it is Rs.25,000/-

Arup (UNEMPLOYED)     31 July 2010

YOUR BASIC PLUS DA WILL BE CALCULATED FOR THIS PURPOSE.

DON'T THINK IT WILL BE ZERO.

WHEN YOU ARE DRAWING ZERO, DUE TO ABSENCE OR SOMETHINGH ELSE, THEN ALSO YOUR PAY IS

BASIC PLUS DA , NOT ZERO.

ZERO CAMES DUE TO SALARY DEDUCTION. IT IS NOT YOUR PAY.

THE CASE YOU REFERED, THERE SALARY IS IN QUESTION NOT IT'S DEDUCTION.

SANJEEV SRIVASTAVA (LAWYER)     02 August 2010

Dear Sir

Kindly confirm whether you  are agree with Mr. Rajeev or not when basic +DA is lessor than the last month drawn salary

Thanks

Arup (UNEMPLOYED)     02 August 2010

your question - What wold be last drawn salary if i take leave and draw a salry only 25000 instead of 50000 and after receiving salary gives notice to company

a sum equivalent to 3  months gross remuneration payable by company

mr rajeev's ans - In my opinion it is Rs.25,000/-

pay, salary & gross remunaration - three are diffrent.

in your case gross remunaration payable by the company is in question. gross remunaration payable means gross remunaration payable to you,  not it's deduction. therefore if your gross remunaration is rs 50000 then the amount in question will be rs 50000 not rs 25000.

 

however you get it checked from your finance deptt.

 

sometimes company give relax also (weaive). you may try for that.
 


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