I am in big trouble. I was working in a company as area manager. Due to some reasons i put my resignation but there was no confirmation on that from HR/my manager even after my verbal/written reminder so I continued working. On the 32nd day of my resignation mail my manager called me in the morning and inform that my resignation has been accepted and I have been relieved from the company (but there was no prior intimation on this). I discussed the same with my HR manager and he told me that as per HR nors if your resignation isn't accepted and its automatically gets accepted on the 30th day so they didn't process my salary as well. In that company salary of previous month was also not cleared so total 2 months salary is put on hold which is said to be settelled within 90 days from my last working day. Now I have been using company laptop, dongle and sim card which I have not submiited tilll date (1 moth over from resignation completion date- manager call) as I am out of station in search of another job so company has sent a notice at my residence. Pls suggest how should i deal with this. I will return everything in short period of time to company which i have already informed then in mail but i want to know the law for my resignation case so that i will give them a strong reply for that. Pls help me ASAP.
As far as your resignation is concerned, since you had given written communication also, it was in your favour that they did not accept till last moment meaning thereby you could have withdrawn before acceptance by employer. So far as retention of your wages are concerned, the employer ought to have paid your previous month wages as per section 14 of the WB shops and establishment Act before 10th of the month on which it falls due. You can complain to authorities under the Act which may give compensation as per Act. You must return the articles of company promptly. Settlement of dues has to be done within the prescribed under the rules framed under the said Act. Try if things can be sorted without ascerbity.
From India, New Delhi