Regarding benefits against resignation
Dharmendra Pandey
(Querist) 17 July 2018
This query is : Open
Dear sir
With due respect I would like to asking you that as I was worked as a Medical Representative in a Pharma Company and I resigned. The reason behind was that company put huge pressure on me to resign and under that pressure I resigned.but my question is that what are the benefits I will be eligible from company or could I challenge my resignation?
H. S. Thukral
(Expert) 17 July 2018
A resignation under pressure is not a voluntary resignation and can be challenged but the onus of proving the coercion and pressure shall be upon you. Kindly check whether Sales Promotion Employees ( conditions of service} Act is applicable in the state you were employed. If yes then raise an Industrial Dispute
Kumar Doab
(Expert) 17 July 2018
Agreed with Mr. H.S.Thukral.
Kumar Doab
(Expert) 17 July 2018
If you have resigned without notice period/with immediate effect/with shortfall in notice period then establishment may adjust notice pay in FnF statement/settlement…and compute earned wages/leave encashment/bonus/incentives/reimbursements/Gratuity etc etc and any other entitlement as in appointment letter/service conditions allowed to you, in FnF statement/settlement…
Or establishment may not adjust notice pay by IT’s discretion.
If establishment has striked any settlement ( for benefits) with you and you have the copy IT may abide by IT.
If you have tendered notice of resignation then you had time to agitate on “forced resignation”/’deemed termination’..Did you withdraw the resignation?
If you have tendered notice of resignation and establishment accepted with immediate effect/before expiry of notice period then you can agitate..
Are you still under notice period?
The onus to prove the forced resignation may fall upon you!
The seasoned employee’s/trade union leaders and unions help and support in such matters..
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt….
Dr J C Vashista
(Expert) 18 July 2018
, Your appointment as MR was on salary, commission, salary-cum-commission-cum bonus or some other terms?
Whether your appointment was permanent, temporary, contractual etc. etc.
Whether the company is a private, private limited or limited?
Show the terms and conditions of your employment/appointment to a local prudent lawyer for better appreciation of facts, guide and proceed.
