My company credits salary on 10th of every month on 31 July I submit my resignation but the next day I met with a major accident due to which I wasn't able to contact company for 40 days when I return later to company they denies my salary saying that I was absconded and they will not pay me a single rupee. Although as per employee contract they can but it was a specify case, what can be done I am willing to serve notice period if they want.
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To me, the entire post seems to have been presented with the poster's own perception consequent to his inability to contact the management as a result of the unexpected accident soon after his resignation. Besides, the poster has admitted that still he is willing to serve the notice period without mentioning its duration.But he has not said whether he mentioned anything about the notice period - prepared to serve the entire notice period or to buy out it. On the contrary, if his resignation thus submitted on the last working day of the month was one with immediate effect but not mentioning about notice period, in the absence of any further information from him, the management's presumption about his uninformed absence as absconding can not be found fault with. In such a situation, for the sake of his future career and peaceful exit, it is for the poster to approach the management, explain his inability to contact the management in view of his accident, accept his resignation w.e.f August,1 and request them to permit him to buy-out the notice period and adjust the salary for July towards notice salary and relieve him.
Hope need not be lost, as you may still be on the correct side and would be able to receive your pending salary.
When an employee is suddenly not contactable, the company has to send letters of concern to the last recorded employee residential or contact address as per their records. In the absence of any correspondence from the employee for at least 14 days, only then they can initiate an inquiry in the absence of the employee and proceed on a dismissal, because the reason for non-attendance is not known yet and the inquiry has occurred ex-parte. Later the employee can always appeal against the dismissal to re-open the inquiry, if the appropriate medical certificate is provided.
In your case, the hospital should not have a problem providing you the medical documents proving hospitalisation and so if you submit these to the company, there should be a really strong legal reason that should hold good in a labour court, if they still have to deny you your dues.
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