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3 months notice period payout issue - basic or gross


18-Apr-2023 (In Labour & Service Law)
Hi, I was working for a multinational company in Gurgaon, registered office in Mumbai under Maharashtra State. On January 7, I have resigned from my company and they asked me to serve notice period of 3 months. But somehow I wasn't able to serve 3 months notice period. So I offered my 3 month basic salary, i.e. Rs. 37500 as notice period payout. But they asked me to pay 3 month gross salary , i.e. Rs. 1,50,000. But as per industry and as some one told me as per Indian employment and labour law , employee will pay his basic salary as notice period payout. Despite this my company have one rule, if they will terminate someone from organisation , so they will pay only one month basic to the employee. Now my previous employer threatening me if I didn't pay them 3 month gross they will show my status as absconded from the organisation and issue a termination letter. What should I do in this matter, pls guide.
Answers (1)

Answer #1
637 votes
This is my response to you:
1. Explain to them in a letter stating that basic salary has to be tsken into consideration;
2. The law/rule of the state trumps the company rules;
3. Consult a local lawyer and take steps.

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