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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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.
- [What To Do If Employer Is Not Paying Dues or Wages After Resignation or Termination Part 1](https://www.quora.com/profile/Akash-Kapoor-40/Posts/What-To-Do-If-Employer-Is-Not-Paying-Dues-or-Wages-After-Resignation-or-Termination-Part-1)
- [Employee's Covered under ESI Act, 1948 | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/employees-covered-under-esi-act-1948.html)
- [How To Download UAN Card or Universal Account Number Card | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/how-to-download-uan-card-or-universal-account-number-card.html)
From India, Kolkata
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1861) 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.
- [What To Do If Employer Is Not Paying Dues or Wages After Resignation or Termination Part 1](https://www.quora.com/profile/Akash-Kapoor-40/Posts/What-To-Do-If-Employer-Is-Not-Paying-Dues-or-Wages-After-Resignation-or-Termination-Part-1)
- [Employee's Covered under ESI Act, 1948 | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/employees-covered-under-esi-act-1948.html)
- [How To Download UAN Card or Universal Account Number Card | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/how-to-download-uan-card-or-universal-account-number-card.html)
From India, Kolkata
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The way you have been terminated is illegal. You can challenge such illegal termination in the court of law. Depending on your nature of duties, it can be decided whether you will fall under the category of workman or not under the ID Act. If you challenge the termination, then you will be entitled to reinstatement and back wages. But in your case, since you have tendered resignation (although on advice of the management), you have to immediately send a letter asking such resignation to be treated as withdrawn unless you have proof that such resignation was obtained from you forcefully.
But if you do not want to challenge the termination, but remain satisfied with dues and full and final settlement, then depending on the nature of your duties, nature of the company with strength, your tenure of service and the amount of last drawn wages, you can get your outstanding dues.
Please note that you cannot challenge the termination of service and F&F settlement at the same time. Only if you accept the termination, you will be able to ask for F&F settlement.
From India, Kolkata
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But if you do not want to challenge the termination, but remain satisfied with dues and full and final settlement, then depending on the nature of your duties, nature of the company with strength, your tenure of service and the amount of last drawn wages, you can get your outstanding dues.
Please note that you cannot challenge the termination of service and F&F settlement at the same time. Only if you accept the termination, you will be able to ask for F&F settlement.
From India, Kolkata
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
Resignation Letter.jpg
Full n final settlement.doc