I worked in a company on Deputy manager rank. I joined them on 28th Feb 2018. Within few months of joining i had some issues with the company. On 19th of June they called me at their Zonal office and asked me to resign for which i refused and told them you are asking me resign for no reason either prove the reasons of give me 3 months salary. We had a discussion and finally they agreed to pay me till 31st of August.
I resigned on 19th of June and they accepted it on immediate basis and relieved me immediately and gave it all in writing and mentioned my dues will be cleared after i have will handover my assets and said you dont need to come on work and u will get your money. I went to give handover on 25th of June and asked by when i will get my money. They informed me that i will not get money in one go and you will get it as monthly salary and august salary you will get in full and final. I told them you had given me acceptance and relieved then if you want to give money as monthly salary then give me resignation acceptance for 31st of August. They denied it.
I told them i have resigned with mutual compromise between us and the letter which you had given me shows a negative point. As it shows that i had some issue with company so i left. other thing is you are giving one letter which says resign accepted and relieved on 19th and but you are issuing relieving letter which says relieving date 31st August. So 2 different dates will give a doubt to my new employeer mind and he will treat me fraud. They didnt even listen to me. As i know this is wrong and i am not able to attend any interview with confidence so not able to get job.
Kindly guide can i sue my company due to this. Other thing is during my employment i met with an accident during my visit from one store to other and due to this i took around 20-22 leaves. In my full and final they deduct money for those leaves. When i told then i met with an accident during official duty so i have to get salary during those days. can you guide what law says for such leaves? Are they bound to pay me for those leaves as they said we dont have accidental leave policy. Looking forward to hear from you.
12th January 2019 From India, Mohali
It is not clear whether you got paid upto 31st August.
You need not be diffident regarding acceptance of resignation in June while you were relieved from 31st August. This could be explained as the effect of notice period. Though you gave resignation on 19th June and it was accepted on 19th itself but due to notice period, your relieving is from 31st August. This is a widely accepted practice.
From the brief description, it is surmised that you were working in sales/distribution and the accident occured while you were on duty. But such nature of work is not covered under Employee Compensation Act 1923 and so you cannot get the benefit of that Act.
15th January 2019 From India, Mumbai
But the letter they had given. me says accepted on 19th of June and shall be relieved with immediate effect. Which says i was relieved on 19th of June but after 40 days they gave me relieving letter which says i was relieved on 31st of August.
So as per above statement if my resignation has been accepted and i was relieved then the agreed salary till 31st of august should get in one go in full and final. But they said you will get it on monthly basis and in between if you will get some job we will stop paying you.
So if i would join some new company and will give this letter and later on when they will ask for relieving letter which says relieved on 31st of August would create a doubt in new employer mind.
Hope i am able to make you understand about the scenario.
24th January 2019 From India, Mohali
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