I was working in an organisation. My role demands travel from one store to other. While travelling from one store to other I met with an accident and because of this I took 20 leaves as because of accident there was pain in my back. I left the company after 2 months of the incident. Company credited 30 leaves after my confirmation. During full and final company deduct my 16 days salary saying those leaves was for full year and need to used on prorata basis. I asked them I should get salary for those days as I met with an accident during official duty. But they refused and said we donít have any policy for accident leaves. Can legally I ask for salary for those days or I can get compensation through some other way. Kindly guide.
11th October 2018 From India, Mohali
Give some more details about your orgn. How big is your organisation? Is't factory or Trade ? Were you covered under ESI? If so how did you manage medical expenses post accident. How many years of service with them. You said you were 'confirmed' Does that mean you were on probation during that period ? That apart, it appears the accident took place while you were travelling, on duty and therefore it's occurred in the course of employment. What type of documents you have to support your claims - on leave (MC), Police FIR, Photos taken at the site of accident, report to the appropriate Labour Dept. Any disability, if so appropriate certificate from the Civil Surgeon, Insurance claim made and settled if any and/or ESI claim. First raise a money claim for all your dues and accounting the days while you were in convalescence/ Sick/Medical leave. After you state these details I may suggest the next course of action in your case.
12th October 2018 From India, Bangalore
Itís future retail limited which owns big bazaar and easy day. Yes that accident during travel from one store to other store. I was covered under medical insurance and I paid treatment expenses on my own. My confirmation was pending in system due to delay from my boss. There is no photograph or FIR of that incident. I had shared the medical certificate provided by doctor to the company.
12th October 2018 From India, Mohali
So, it's a company and hence you should have been covered under ESI. If yes, have you not checked in into ESI dispensary/hospital? If yes there should be no problem for your leave for the days permitted by ESI hospital. I afraid you would have not done this also.
Since your accident has occurred 'in the course of employment' you are entitled to special leave with full pay and hospitalisation expenses, plus compensation if you suffered any partial/ permanent disablement.
However under the Workmen's Compensation Act (now Employees Compensation Act) you are entitled for special leave as well as compensation appropriate to the injury you suffered. A stand taken by your office saying 'have no leave policy on accident' is no excuse and untenable. Also read the following links in this reg.
"Madhu.T.K 2865 Click on follow to get recommendations from Madhu.T.K + @ ☰ #30
The employer is liable to bear the medical expenses and allow him leave with pay without deducting it from the leave to his credit. Madhu.T.K
16th April 2013 From India, Kannur
Indigo Paints - Be Surprised!
12th October 2018 From India, Bangalore
Is there any law or act around it as they wonít understand normal language or they donít want to understand.
12th October 2018 From India, Mohali
You have to issue a suitable letter demanding to pay back the wrongfully recovered 16 days' salary which is equivalent to leave pay for 16 days which you utilised consequent to the accident "during & in the course of employment" i.e. when you were travelling from one store to other store. If they are not responding positively arrange issue of a legal notice and thereafter file a petition with the Labour officer of that area to intervene raising your case for redressal.
12th October 2018 From India, Bangalore
Thanks can you help with following query as well.
I worked in an organisation where I had some dispute with the company. They asked me to resign and after discussion they asked me to resign on 19th of June. The company agreed to give me my salary till 31st of August. They had given me acceptance on company letter head and mentioned my resignation had been accepted and they were relieving me immediately. Kindly suggest if they accept my resignation and relieved me immediately then I should get my payout after handover or 45 days from last working day. When I went for handover they told that they will give me salary on monthly basis and full and final will come after 45 days from 31st August.
I asked them to give me accepted resignation mentioning last working day 31 August. However, they refused to give acceptance even via mail. As per law, can I insist on being sent a mail? Now they are saying on final experience/ relieving letter they will mention 31st August as last day. So if I will give it to my new employer then as per first acceptance which they had given my last working and Relieved me on 19th of June. But as per experience/ relieving letter last day is 31st august. Can I asked for accepted resignation mentioning 31st aug as my last working day. HR told me relieving date and last working day can be different. Is it so? Kindly guide.
12th October 2018 From India, Mohali
Dear friend,
Your narration appears to me very hypothetical rather than reality. That apart, the fact is
i) you resigned on 19.6.2018 and the very same day relieved as well.
ii) And they agreed to pay salary till/for next 45 days i.e., it works out to upto 3.8.2018.
iii) They also agreed to mention in the experience/relieving letter-your last working day-19.6.2018 and relieved on 31.8.2018. Which means last working day & date of relieving are different.
Now, let me know whether you got your salary from 19.6.18 & upto 31.8.18 or not/what? And what did you do after leaving this employer, remaining idle? And now almost one and a half months elapsed since then have you got your experience/relieving letter or not and how crucial these dates for your future career?
13th October 2018 From India, Bangalore
There is some confusion I resigned on 19th and they had given me a document mentioning my resignation has been accepted and relieved on immediate basis and I negotiated and they agreed that they will pay me salary till 31st August. 45 days are the company TAT to settle full and final. So my question is if they relieved me on immediate basis then I should get dues till 31st August within that TAT. But they said they will pay it on month on month basis. I told them if u want to give it on monthly basis then I resignation acceptance date should be 31st of August. They denied for it. I requested them if I will apply somewhere and will provide this resignation which says my resignation accepted and relived on 19th of June but on relieveing letter u will mention relieving date 31st of august then my new company will consider me fraud. Hope would be able to make u understand.
26th October 2018 From India, Mohali
Dear friend,
Date of "acceptance of resignation" and "date of Relieving" could be different. That means the period from DoResignation to DoRelieving will be treated as Notice Period. In any case 2 diff."dates of Relieving" in 2 diff.documents will cause doubts/confusion and thus you'll find it extremely difficult to convince your new HR/Co. And there will be little relevance to whether you were paid for or not. Therefore Don't worry, the 'Date of Relieving' as mentioned in your experience/relieving letter will prevail.
26th October 2018 From India, Bangalore
Ya but if new employer will ask for accepted resignation then on that document it is mentioned accepted resignation on 19th June and relieved on 19th June. But relieving letter will say relieved on 31st of August.
27th October 2018 From India, Mohali
In this scenario, I would suggest, you'll only show the relieving letter which is ultimate doc. for severance of ties with your former employer. Strictly speaking a separate letter 'an acceptance of resignation' is not generally insisted upon. Therefore it's your choice not to get into suspicious opening with your new employer. Safely show the 31.8.2018 letter for all purposes and which also can be supported by the salary payment upto that date.
Alternatively you may surrender a letter saying 19.6.18 as 'relieved' if it's suits you. Supposing you were to report before 31st August then 19.6.18 would suffice. Choice is yours. These are all discussed in past tense, what had happened till now, have you not reported with new co. so far?
27th October 2018 From India, Bangalore
No I havenít joined new company as of now. Actually was not sure about earlier letter which was saying accepted and relieved on 19th June. New letter saying relieving date 31st August got on 12th of ocT. so looking at whole scenario kindly suggest can i Sue my company and seeking compensation as because of that letter I couldnít get new job. As u said I can give relieving letter in new company which says relieved on 31st August got on 12th oct.
27th October 2018 From India, Mohali
I don't think it's a fit case to sue as you have to prove any loss/damage sustained by you and how you would establish that you missed a new job due to letters with. 2 diff. dates of DoR. It appears a clerical mistake or failure to apply their mind on possible consequences. It's better for you to settle for a new job instead of wasting time pondering over this confusion in dates. Since you would have been actually relieved on 19th June and not worked thereafter, it would be logical to stick to this date.
28th October 2018 From India, Bangalore
Agreed i would not able to prove whether i had suffer any loss because of 2 letters or not. But i have a query Whether issuing 2 letters with 2 different relieving dates are right or wrong. if its wrong then i dont think i need to prove that i suffer any loss because of it. Because if its wrong then they are forcing a guy to go ahead with wrong documents. If i submit these documents in any company and they find it wrong then they might blacklist me for future hiring as well. So kindly suggest only one thing out of the whole scenario.
21st March 2019 From India, Mohali
In the circumstances, what is possible & right for you is to write to them pointing out the aberrations in dates as it appeared in 2 diff.docs.issued to you and ask them issue a clarification and/or to ask them to withdraw both of these erroneous letters vice issue a fresh,single, rightly worded letter mentioning the correct date of relief. In any case you should be prepared to face any consequences after issuing this clarification. I hope, then they should not come out with/create yet another confusion afresh.
21st March 2019 From India, Bangalore
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