I worked for a corporate organization for more than four years. All of a sudden, during office closure hours, I insisted on submitting an unconditional resignation. However, after submission, they informed me that only the basic pay shall be paid and not the gross. Can I seek legal support for both reasons now? Will the law support me?
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Legal Support for Unpaid Dues
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 the area labor inspector for getting full payment.
3) If any statutory payment like PF, ESI is not made, kindly contact the specific department. See below for eligibility.
- https://www.quora.com/profile/Akash-...ination-Part-1
- http://www.shramsamadhan.com/2016/10...-act-1948.html
- http://www.shramsamadhan.com/2016/10...mber-card.html
From India, Kolkata
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180There 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 the area labor inspector for getting full payment.
3) If any statutory payment like PF, ESI is not made, kindly contact the specific department. See below for eligibility.
- https://www.quora.com/profile/Akash-...ination-Part-1
- http://www.shramsamadhan.com/2016/10...-act-1948.html
- http://www.shramsamadhan.com/2016/10...mber-card.html
From India, Kolkata
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Challenging Illegal Termination
The way you have been terminated is illegal. You can challenge such illegal termination in a court of law. Depending on the nature of your duties, it can be decided whether you fall under the category of a workman or not under the ID Act. If you challenge the termination, you may be entitled to reinstatement and back wages. However, since you have tendered your resignation (although on the advice of the management), you should immediately send a letter requesting that the resignation be treated as withdrawn unless you have proof that the resignation was obtained from you forcefully.
Options If Not Challenging Termination
If you do not want to challenge the termination and are satisfied with dues and full and final settlement, then depending on the nature of your duties, the nature of the company, its strength, your tenure of service, and the amount of last drawn wages, you can receive your outstanding dues.
Please note that you cannot challenge the termination of service and request a full and final settlement at the same time. Only if you accept the termination will you be able to ask for the full and final settlement.
From India, Kolkata
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The way you have been terminated is illegal. You can challenge such illegal termination in a court of law. Depending on the nature of your duties, it can be decided whether you fall under the category of a workman or not under the ID Act. If you challenge the termination, you may be entitled to reinstatement and back wages. However, since you have tendered your resignation (although on the advice of the management), you should immediately send a letter requesting that the resignation be treated as withdrawn unless you have proof that the resignation was obtained from you forcefully.
Options If Not Challenging Termination
If you do not want to challenge the termination and are satisfied with dues and full and final settlement, then depending on the nature of your duties, the nature of the company, its strength, your tenure of service, and the amount of last drawn wages, you can receive your outstanding dues.
Please note that you cannot challenge the termination of service and request a full and final settlement at the same time. Only if you accept the termination will you be able to ask for the full and final settlement.
From India, Kolkata
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Resignation Letter.jpg