Full and final settlement

This query is : Resolved 

24 September 2019

I was working with a MNC having registered office in New Delhi and Corporate Head Office with Factory in Greater Noida. I was working as a Manager in Mumbai Branch office since 01.08.2017 to 29.05.2019. I have resigned from my job w.e.f. 30.04.2019 giving one months notice instead of three months as per company policy. After rigorous followup I have received Full & Final settlement calculation as under: -
Amount Payable = Gross Salary for Month of May + Leave Balance (as per Basic Salary) + Tour Expenses (Zero) + Bonus (Zero for FY 18-19)
Amount Deducted = Short Notice ( 2 months Gross Salary)
Net Receivable is minus One Lac i.e. I need to pay Rs. 1,00,000/- to company.
How I can defend this case and claim my performance bonus of Rs. 1,50,000/-
How I can defend about deduction of gross salary for two months.
Please help me in this regard.

Isaac Gabriel (Expert)
24 September 2019

I suppose the company has deducted notice period amount.It seems it is as per agreement.If the calculations is not agreeable, you can plead.

Adv Deepak Joshi +91701782151 (Expert)
24 September 2019

Check with your appointment letter what condition you and your employer agreed, if any act of employer is against the terms and condition you and your employer agreed then serve legal notice.

Dr J C Vashista (Expert)
26 September 2019

How did you find notice of resignation for one month period?
It would be better to consult a local prudent lawyer practicing service matters for appreciation of facts/records, guidance and proceedings.

Deepak (Querist)
26 September 2019

Dear Sirs,
Sincere thanks for your valuable inputs. I have given notice of 1 month and same was agreed mutually.
My question is whether 3 months notice period applied by companies is valid as per law?
If Yes then leave encashment is done on basis of basic salary and short notice deduction is done on gross salary. If this correct to apply separate rules which benefits company?

28 September 2019

Dear Sir,
You may get issue a legal notice and try to file a civil suit for the amounts due.

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