My terms of employment include a 30 day notice period. However due to certain circumstances I gave my notice to the company and mentioned that my last day would be after 2 weeks. Subsequent to that I received a letter from the company mentioning the 30 day notice period, to which i acknowledged and returned. However despite this fact, the company suddenly decided to relieve me of my services within 14 days. Now under these circumstances would I be eligible for a 30 day dues since I have acknowledged the letter given to me by HR mentioning my 30 day notice period? Secondly my pay package mentions a term as Gratuity as part of my CTC. i understand that Gratuity is paid only to employees that complete 5 years of service. Since this component has been part of my CTC since my confirmation would I be able to claim it? if not isnt it illegal for the company to mention a component in my CTC if it is not applicable and will only be applicable after 5 years? Please help me
From India, Pune
1From India, Pune
hi, your details are not clear, still i have given my view based on my understanding. your notice period is 30 days & you have requested the org. to releave you with in the 14 days then you have pay 30-14 = 16 days notice period salary after adjusting your avaialable leaves on the 16days. your company is very smart that, as per your request they are ready to releave, but they will recover the notice period salary after adjusting available leave's. gratuity you will get only after completion of your 4.8 or 5 years service of your current org. Regards kugan Paramasivam.
From India
From India
dear you are not entitle to get balance pay you have requested to relieve after two weeks and you are relieved after two weeks.you are not entitle for gratuity ,if you will serve more than 5 years than only u are entitle . tks j s malik
From India, Delhi
From India, Delhi
but my request of 15 days was turned down. They gave me a letter for 30 days notice after my request and asked me to acknowledge it. Then they suddenly turned around and without any information relieved me in 14 days. I thank you all for responding from the bottom of my heart. Would I be eligible for bonus for the period (Apr 08 -Sep 08 )
From India, Pune
From India, Pune
can they state that Bonus is a component which is at the discretion of management?. I have been paid bonus for the last few years despite the fact that my salary exceeds Rs. 10000. The exact statement in my Employment Letter are as follows Performance Bonus: This refers to annual bonus that is paid out in the month of April of each year and varies from 0% to 5% of Gross Salary, depending upon Company Performance.
From India, Pune
From India, Pune
Dear all, v always criticise employer for their did's, even not nowing the full details tht y ur employer did it wid u.... i handle the same situation, As employee took the permission from his HOD n the HOD has gave him the permission directly to relieve after 15 day from resignation date.Though this is the responsibility of his senior tht he should take the approval from HR Head and thn only give confirmation to the employee. Later when employee received the F&F statement thn only he came to know that his three month salary was deducted(Notice period is of three month in our Org.) The employer vl definitely help you if the reason is genuine and true. May i request you to plz check ur F&F statement, in our org. v too have the gratuity as a CTC component but the accumulated amount vl be back if employee left before 5 year in head of Ex-gartia(This amount is a gratuity amount). and also contact to ur HR personnel. Rgds, Sunita
From India, Mumbai
From India, Mumbai
Dear If the company has relieved from the actual date of your relieving i.e. if you have mentioned that to be relieved on 15th Sept and notice period was upto 30th Sept and company relieved you of its own without your request i.e. on 3rd Sept, you can claim full salary for the period from 4th to 15th Sept. Regarding Gratuity you shall not be eligible, if you have not worked for 5 years. The question of mentioning in CTC is challangeable, if you are not workman under the Industrial Disputes Act, 1947 ak malhotra
From India, Guwahati
From India, Guwahati
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Full n final settlement.doc
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