Resignation during Probation period - leave encashment.. CiteLegal
CiteLegal
 
HOME RISE NEW ABOUT LOGIN
Home > Legal Discussion Forums > Labour / Employee Related Laws

Resignation during Probation period

tilo Started The Discussion:

Hi All,

I wish to know if an employee resigns during probation period, is he eligible for 'Year End Bonus'
mentioned in his appointment letter CTC description. Also what other benefits can be withdrawn, during the settlement with him after he serves the notice period of probation period.
Please suggest.

-Tilo

malikjs - Member Since: Oct 2008
dear
bonus is statutory obligation and you have to pay him whether it is written in appointment letter or not .
if someone has resigned and serve notice period as per appointment than why u want deduct from his benifits. you have to pay bonus ,leave encashment and his salary or any salary part of CTC that u have to pay legally .
tks
j s malik
9810557181

Brijesh Patel - Member Since: Nov 2008
Dear friends

As per the standing order act, No any notice will required for leave the services during probation period.So you can not deduct Notice pay. if you appoint any person on probation period you can not terminate him during this period except in case of theft or etc..After completion of probation period you may confirm him or terminate him or extend the probation period.

Brijesh Patel

K C S Kutty - Member Since: Nov 2008
By "Year end Bonus", you mean, bonus paid at the end of the year based on profit ? Or it is Bonus payable under the Payment of Bonus Act 1965 ?
If it is under the Payment of Bonus Act 1965, the employer has to follow
the provisons of the Act; clauses in the appointment letter will not help to escape from the liability of payment of bonus.

mohan_anupam - Member Since: Nov 2008
Hi All, Could you please help me about "what comes under the Payment of Bonus Act 1965" Thanks & Regards Anupam

jitendersyadav - Member Since: Sep 2008
Dear Anupam,

The Payment of Bonus Act says that : -
- Every Employee who has worked for a period of 30 Days minimum & his basic is less than 10001/- is entitle for bonus.

- The minimum bonus he will get 8.33% on Bonus ceilling or which ever is less.

- The maximum bonus he will get 20% on bonus ceilling or which ever is less.

These are the prime context of Bonus Act.

Rgds/Jitender

mjs2411 - Member Since: Aug 2012
I agree with Sri J S Malik. Bonus, if paid as per the Act, has to be paid provided the employee has worked for a minimum of 30 days and his all told salary is less than Rs. 10,000.An Employer cannot avoid it on flimsy grounds.
M J SUBRAMANYAM

Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the legal advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified lawyer or with the lawyer providing the advice by meeting them in person. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.






Explore Topical Knowledge Areas



DISCUSSSION STATISTICS


1676
VIEWS

6
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network