Works compensiation

can u post your qry in English?

Dear All,

This is the issue with my previous company, where I have given the resignation on 15th july, 2016 and also mention that I will be serve 15 days notice period. Company has given the offer letter where they have mentioned to serve 2 months Notice period and on the basis of that they deducted my one month salary in four equal installments as a security amount and also mentioned that this security amount will be revet once I will serve proper 2 months notice period. Moreover when I have given the resignation then My boss accepted the resignation and revert on by stating that " we are accepting your resignation and terminating you right away despite of i was ready to serve 15 days notice period. On 2nd august when I went to the company to collect full and final sattlement cheque, they were just paying 15 days salary, even I have mentioned that to serve 15 days notice period. Please help me out and suggest what should I will do the get atleast valid amount as i was ready to serve 15 days notice period, but they terminated on the same day. So would I able to receive full month salary or they doing the right thing.

A look forward to hearing form you soon!!

Jaswant

9599118549

@ Dirgesh Kumar Sharma,

ESI Act seems to be  operational and seems to have prevailed over Employee Compensation Act and NO claim under Employee Compensation Act, may be  valid.

However it shall be appropriate to show all docs on record to avery able counsel specializing in labor/service matters, for a considered opinion.

You may find another threads as relevant e.g;

https://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp

@ Jaswant,

It shall be appropriate to show all employment and resignation related docs on record to a very able counsel specializing in labor/service matters, for a considered opinion.

@ Jaswant,

Generically speaking:

The resignation can not be accepted before th expiry of notice period tendered by employee.

The employer can offer notice pay in lieu of notice period and it is discretion of employee to accept or not.

The notice period of 60 days inserted by employer in private agreement/policy drafted by it e.g.appointment letter/contract of employment/HR policy etc, may not be neccesarily applicable.

So, what should  will do, First of all let me know I am asking the right thing or going wrong direction. I will be lable to receive that remoneration or not. 

Generically speaking:you seem to be in right direction.

It shall be appropriate to show all employment and resignation related docs on record to a very able counsel specializing in labor/service matters, for a considered opinion.

You have posted that:

"My boss accepted the resignation and revert on by stating that " we are accepting your resignation and terminating you right away"

Is your boss your appointing authority or authority as per Board resoloution, to accept resignation, terminate?

Subsequent to email has any written/speaking order/communique been supplied to you by letter i.e. acceptance of resignation or termination order?

What is the status as in internal records/personnel file; Resigned/Terminated?

If it is terminated: then company is liable to tender notice pay of say 60 days by equitable T&C and/or as T&C inserted in appointment letter.

Repeated at:

https://www.lawyersclubindia.com/experts/--612596.asp