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Sr. Manager (p&a)
Riteshmaity
Labour Law Advocate
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I worked for corporate organisation for more than four ears and all of a sudden during office closure hours, insisted to submit an un-conditional resignation. However, after submission they told me that only basic pay shall be paid and not the gross. Can I seek legal support for both reasons now ? Will law support me ??
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There are many laws in your support:-
1) Indian contract act:- As you have done the work for them, they are liable to pay you the consideration. For this enter a civil suit.
2) Payment of wages act and shops & establishment act:- Contact area labour inspector for getting full payment.
3) If any statutory payment like PF, ESI is no made. Kindly contact specific department. See below for eligibility.
https://www.quora.com/profile/Akash-...ination-Part-1
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The way you have been terminated is illegal. You can challenge such illegal termination in the court of law. Depending on your nature of duties, it can be decided whether you will fall under the category of workman or not under ID Act. If you challenge the termination, then you will be entitled to reinstatement and backwages. But in your case, since you have tendered resignation (although on advice of the management), you have to immediately send a letter asking such resignation to be treated as withdrawn unless you have proof that such resignation was obtained from you forcefully.

But it you do not want to challenge the termination, but remain satisfied with dues and full and final settlement, then defending on the nature of your duties, nature of company with strength, your tenure of service and amount of last drawn wages, you can get your outstanding dues.

Please note that you cannot challenge termination of service and F&F settlement at the same time. Only if you accept the termination, you will be able to ask for F&F settlement.
What is your position in your organisation. Are you come under the purview of workman under ID Act? if not you can go only for civil suit. V.MURALI
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