Hello Sir,

I am currently employed with a Pvt. Ltd. company in Mumbai, India. I am working as a Quality Manager with Toppr.com A.K.A. Haygot Education Private Limited.

Work was all good for me until i met with an accident/incident inside the office premises (precisely inside the office washroom.)
I actually slipped and my left knee ACL + meniscus tore and my knee was locked and i couldn't walk or bend my leg or even straighten it.
I originally got this injury while playing a corporate football tournament for the same company back in Dec 2015 or Feb 2016, however i pulled on my days with my leg and finally my knee gave up and it got locked on 7th April, 2016 while i was at work.
People from office dropped me home.
After which i went to the Doctor and got a surgery done for my left knee on 12th April, 2016.
After this i was advised a rest for 6 weeks. And then after the follow up of physiotherapy and all the Doctor told me i am fit to do sedentary work.
Now, i reside at Borivali West and my workplace is at Ghatkopar West. So the travel in the train during peak hours is impossible for me with this unstable leg.
I tried negotiating the workings hours with my VP for a 1 month more as i wouldn't be able to travel in the train during rush hours but he denied and told me to do a 10 am to 7 pm shift. Finally as this wouldn't be possible i thought of putting down my papers and resign the company.
I tried convincing my VP, concerned authority a lot for alternate solutions but all in vain.
I requested them to waive off the notice period of 30 days under medical grounds as i am not able to travel. But initially they refused and said no i will have to serve it and after a lot of requests, now finally they have agreed to waive it off.
My question is now that i am finally leaving this company, what should be considered as my last working day with the company for my Full & Final Settlement and on my relieving letter?

Will it be the last day i worked in the office premises (7th April, 2016) or will it be the day i officially send them my resignation?
Also during this phase of Medical Rest, i had requested for work from home which was denied by my VP, even after knowing the fact that this injury had happened while i was playing for the company itself. And then i never asked for money without working i was ready to work from home and it was denied.
I even told him that you have witnessed it happened to me in front of you in office premises, but still he said no i am sorry we can give you LOSS OF PAY but not paid leave. so i continued to rest, but i still worked from home conducted interviews over the phone, coordinated with my team, etc.
Should i be getting paid for the Leaves i am totally lost on this one and don't know anything about it. Please guide me.
Also they promised me 2 weeks salary/pay but that will be given to me when i come back to work after my recovery. So should i be getting that now that i am leaving the company?
And should i be getting paid for the 2 months that i was home?
Please help me in getting answers to these questions.

Aldrin.
Mob : 7506864549
7th June 2016 From India, Mumbai
Dear ALDRIN,

The unfortunate earlier accident that crippled you later and the callous attitude of your Management that made you to quit the job while you are still convalescing are really painful to hear and in the first place I wish you a speedy recovery and an early alternative employment under a humane Management.

Coming to your query, the actual date of your resignation would be the date of exit as you had already intimated the Management about your sudden illness. Since you were employed in a managerial capacity and the exit is based on your resignation, you are entitled to gratuity only if your qualifying service is not less than 5 years including your leave on L.O.P. All the leaves in your credit can be adjusted against your leave of absence and salary may be claimed. Since your request for work from home was categorically rejected already, it is a matter of discretion of the Management to consider paying you for the works done by you from home.

If your appointment is on sports quota and the Corporate Football tournament you participated was with the permission of the Management and you have sufficient documentary evidence in this regard, Claiming compensation under the Employees Compensation Act,1923 may be another option but it is highly debatable in terms of questions of law.

Wishing you the best of luck..
8th June 2016 From India, Salem
Hi Umakant,

Thank you for you wishes and for the promt reply.
Well I told my HR the same thing but she said that it will be considered the last day you worked with us on 7th April 2016.
To which I told her that this was unforeseen and happened in the company premises while I was at work.
And then I had no option but to do a surgery.
And while i was away from office at home in my recovery phase and LOP/Medical Leaves I was working from home despite my work from home wasn't approved. I have. Inducted interviews over the phone, replied to several emails & I have been constantly in touch with my TL and my team, so what about it even that's work right?
And then lastly my VP had called me to attend a meeting on 31st May 2016 for the discussion of strategy planning and action plan for the month of June for which I had travelled all the way to work at Ghatkopar, so what about it. So she stated that she will check with my VP what should be my last working day. I told her regardless of whatever answer you get it still should be the day I officially put down my papers or send my resignation in writing on email.
So am I correct, is this a law and how sure are we about my last day to be the day I resign can you pleas help me further, so when I have a word with them today morning I can tell them about it because to me it seems that they themselves are not too sure about the law.
9th June 2016 From India, Mumbai
Dear Aldrin,
Your HR may be under the wrong impression that yours is a case of abscondence or unauthorised absence and replied so. As per your narration your sudden illness as a result of the previous accident, medical treatment, request for permission to work from home etc., everything is known to your Management. ( However it is not clear to me whether any communication by way of leave application or e-mail was sent to the management then and there - if sent it is o.k and even otherwise your discussion with the V.P and his negative response can't be denied as of now to for the purpose of discontinuity of your employment right from the day you were unable to come due to the illness ). Therefore your resignation will be effective from the date of its submission only.
9th June 2016 From India, Salem
I tend to agree with learned member Umakanthan.
Date of submission of resignation would be your effective date for resignation.
The company is callous without any doubt.
Put up all your issues in writing to the company.suggest adjustment of unpaid leaves with notice period.
Apart from that first recover your health.
After leaving the firm send them a legal notice.
If it is a software company write to Nascom also as to how an employee was treated.After all it was a company game and it is duty for all purposes.I hope company had some medical scheme to defray your expenses.
At the end of it send a legal notice if they delay your FmF and other relieving papers.
A person who has suffered due to injure needs to be treated with compassion.Rules are rules but there are ways to help out if there is goodwill and intention to help.
9th June 2016 From India, Pune
Hello Umakanthan Sir!
Thank you once again for your help, this clears a lot of my doubts. And I shall go an talk to them accordingly.
Yes I have sent them in writing over the email about my surgery and have kept them posted about my recovery as well.
I had also send my medical documents to them in the email.
Thank you Umakanthan Sir, your advice was very helpful. But I stil have a few queries. If you don't mind can you please help me with your email id, so I can send you the query over the email.
Because I want to be really sure and strong when I talk to them the next time & hopefully that should be today itself.
Please your this gesture will be cherished undoubtedly life long.
Because I have pleaded a lot and have held a lot of patience all this while when i use to converse with the authorities, but all they would do is just corner me and behave very crude and left me with no option other than quitting. Later when I wanted to quit then they acted smart by asking me to serve notice period when they knew all this was happening over not being able to travel in trains all the way till Ghatkopar in peak hours.
So how come they expect me to serve notice.
So please Umakanthan Sir, can you call me or email me and I can take this further with you.
Or else Sir if you can help me with your contact information or email id I can call you or email you and get a few more doubts cleared.

Thanks & Regards,

Aldrin Jerome Monteiro.
Mob : 7506864549
Email id : aldrin.j.monteiro@gmail.com
9th June 2016 From India, Mumbai
Thank you Umakanthan Sir, your advice was very helpful. But I stil have a few queries. If you don't mind can you please help me with your email id, so I can send you the query over the email.
Because I want to be really sure and strong when I talk to them the next time & hopefully that should be today itself.
Please your this gesture will be cherished undoubtedly life long.
Because I have pleaded a lot and have held a lot of patience all this while when i use to converse with the authorities, but all they would do is just corner me and behave very crude and left me with no option other than quitting. Later when I wanted to quit then they acted smart by asking me to serve notice period when they knew all this was happening over not being able to travel in trains all the way till Ghatkopar in peak hours.
So how come they expect me to serve notice.
So please Umakanthan Sir, can you call me or email me and I can take this further with you.
Or else Sir if you can help me with your contact information or email id I can call you or email you and get a few more doubts cleared.
Also I have sent them in writing about my operation and sent them all medical documents too, I have always kept them posted about my recovery.

Thanks & Regards,

Aldrin Jerome Monteiro.
Mob : 7506864549
Email id : aldrin.j.monteiro@gmail.com
9th June 2016 From India, Mumbai
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