Dear Team,
I am in big trouble. I was working in a company as an area manager. Due to some reasons, I put in my resignation, but there was no confirmation from HR/my manager even after my verbal/written reminders, so I continued working. On the 32nd day after sending my resignation email, my manager called me in the morning to inform me that my resignation had been accepted, and I had been relieved from the company without any prior intimation. I discussed the situation with my HR manager, and he explained that as per HR norms, if your resignation isn't accepted, it automatically gets accepted on the 30th day. Therefore, they did not process my salary. Additionally, the salary from the previous month was also not cleared, so a total of 2 months' salary is on hold, to be settled within 90 days from my last working day.
I am currently using the company laptop, dongle, and SIM card, which I have not submitted to date (1 month past the resignation completion date when the manager called), as I am out of station searching for another job. The company has sent a notice to my residence. Please suggest how I should deal with this. I will return everything to the company shortly, as I have already informed them via email. However, I want to know the laws regarding my resignation case to provide a strong response. Please help me as soon as possible.
Regards.
From India, Kolkata
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I am in big trouble. I was working in a company as an area manager. Due to some reasons, I put in my resignation, but there was no confirmation from HR/my manager even after my verbal/written reminders, so I continued working. On the 32nd day after sending my resignation email, my manager called me in the morning to inform me that my resignation had been accepted, and I had been relieved from the company without any prior intimation. I discussed the situation with my HR manager, and he explained that as per HR norms, if your resignation isn't accepted, it automatically gets accepted on the 30th day. Therefore, they did not process my salary. Additionally, the salary from the previous month was also not cleared, so a total of 2 months' salary is on hold, to be settled within 90 days from my last working day.
I am currently using the company laptop, dongle, and SIM card, which I have not submitted to date (1 month past the resignation completion date when the manager called), as I am out of station searching for another job. The company has sent a notice to my residence. Please suggest how I should deal with this. I will return everything to the company shortly, as I have already informed them via email. However, I want to know the laws regarding my resignation case to provide a strong response. Please help me as soon as possible.
Regards.
From India, Kolkata
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Resignation Acceptance and Wage Retention
As far as your resignation is concerned, since you had given written communication, it was in your favor that they did not accept it until the last moment. This means you could have withdrawn it before acceptance by the employer.
Retention of Wages
Regarding the retention of your wages, the employer ought to have paid your previous month's wages as per Section 14 of the WB Shops and Establishment Act before the 10th of the month on which it falls due. You can complain to the authorities under the Act, which may provide compensation as per the Act.
Returning Company Property
You must return the company's articles promptly. The settlement of dues has to be done within the prescribed rules framed under the said Act. Try to resolve things without acerbity.
Thanks,
Sushil
From India, New Delhi
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225As far as your resignation is concerned, since you had given written communication, it was in your favor that they did not accept it until the last moment. This means you could have withdrawn it before acceptance by the employer.
Retention of Wages
Regarding the retention of your wages, the employer ought to have paid your previous month's wages as per Section 14 of the WB Shops and Establishment Act before the 10th of the month on which it falls due. You can complain to the authorities under the Act, which may provide compensation as per the Act.
Returning Company Property
You must return the company's articles promptly. The settlement of dues has to be done within the prescribed rules framed under the said Act. Try to resolve things without acerbity.
Thanks,
Sushil
From India, New Delhi
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Resignation acceptance format.doc
1 Amendment to The Payment of Wages Act to pay Salary by Cheque or NEFT.pdf