Corporate Governance and Legal Compliance/Adjustment of leaves

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Question
Dear Sir,
Dear sir after resignation i have to serve three month notice to my present employer.
I have balance leave of 35 days with me.
Now I don't want to serve three month notice and want early relieve by paying my balance days salary to the employer.and same has been conveyed by letter to the employer.
Now the employer is calculating my balance leave as per my basic salary and balance notice period as per my gross salary.
Is this legally OK?
Above clause is also not mentioned in my appointment letter and there is no such policy circulated to me.

Waiting for your reply.
Thanks.
Kamlesh Singh

Answer
Dear Kamlesh,

There is no law that mandates the employer to calculate balance leave in any particular method. It would be better if you can settle the matter with your employer through dialogue. If it is not possible, you can file a labour dispute before the Labour Office(but that depends upon your position- though normally Labour officer would entertain such complaints if you are not in the middle or senior management of the company.

Regards

John Varghese

Corporate Governance and Legal Compliance

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John Varghese

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