Hi
I was working in an organisation. My role demands travel from one store to other. While travelling from one store to other I met with an accident and because of this I took 20 leaves as because of accident there was pain in my back. I left the company after 2 months of the incident. Company credited 30 leaves after my confirmation. During full and final company deduct my 16 days salary saying those leaves was for full year and need to used on prorata basis. I asked them I should get salary for those days as I met with an accident during official duty. But they refused and said we don’t have any policy for accident leaves. Can legally I ask for salary for those days or I can get compensation through some other way. Kindly guide.
From India, Mohali
Acknowledge(0)
Amend(0)
I was working in an organisation. My role demands travel from one store to other. While travelling from one store to other I met with an accident and because of this I took 20 leaves as because of accident there was pain in my back. I left the company after 2 months of the incident. Company credited 30 leaves after my confirmation. During full and final company deduct my 16 days salary saying those leaves was for full year and need to used on prorata basis. I asked them I should get salary for those days as I met with an accident during official duty. But they refused and said we don’t have any policy for accident leaves. Can legally I ask for salary for those days or I can get compensation through some other way. Kindly guide.
From India, Mohali
Acknowledge(0)Amend(0)
Give some more details about your organization. How big is your organization? Is it a factory or a trade? Were you covered under ESI? If so, how did you manage medical expenses post-accident? How many years of service with them? You said you were 'confirmed.' Does that mean you were on probation during that period?
That apart, it appears the accident took place while you were traveling on duty and therefore it occurred in the course of employment. What type of documents do you have to support your claims - on leave (MC), Police FIR, photos taken at the site of the accident, report to the appropriate Labor Department? Any disability, if so, appropriate certificate from the Civil Surgeon, insurance claim made and settled if any and/or ESI claim.
First, raise a money claim for all your dues and account for the days while you were in convalescence/sick/medical leave. After you state these details, I may suggest the next course of action in your case.
From India, Bangalore
Acknowledge(0)Amend(0)
1274That apart, it appears the accident took place while you were traveling on duty and therefore it occurred in the course of employment. What type of documents do you have to support your claims - on leave (MC), Police FIR, photos taken at the site of the accident, report to the appropriate Labor Department? Any disability, if so, appropriate certificate from the Civil Surgeon, insurance claim made and settled if any and/or ESI claim.
First, raise a money claim for all your dues and account for the days while you were in convalescence/sick/medical leave. After you state these details, I may suggest the next course of action in your case.
From India, Bangalore
Acknowledge(0)Amend(0)
It’s future retail limited which owns big bazaar and easy day. Yes that accident during travel from one store to other store. I was covered under medical insurance and I paid treatment expenses on my own. My confirmation was pending in system due to delay from my boss. There is no photograph or FIR of that incident. I had shared the medical certificate provided by doctor to the company.
From India, Mohali
Acknowledge(0)Amend(0)
From India, Mohali
Acknowledge(0)Amend(0)
So, it's a company, and hence you should have been covered under ESI. If yes, have you not checked into the ESI dispensary/hospital? If yes, there should be no problem for your leave for the days permitted by the ESI hospital. I am afraid you would have not done this also.
Since your accident has occurred 'in the course of employment,' you are entitled to special leave with full pay and hospitalization expenses, plus compensation if you suffered any partial/permanent disablement. However, under the Workmen's Compensation Act (now Employees Compensation Act), you are entitled to special leave as well as compensation appropriate to the injury you suffered. The stand taken by your office saying 'we have no leave policy on accident' is no excuse and untenable. Also, read the following links in this regard.
The employer is liable to bear the medical expenses and allow him leave with pay without deducting it from the leave to his credit.
Madhu.T.K
16th April 2013
From India, Kannur
Madhu.T.K
[Madhu.T.K](http://www.madhu-t-k.blogspot.com)
[Indigo Paints - Be Surprised!](http://indigopaints.com)
[Accident while coming on duty](https://www.citehr.com/404608-accident-while-coming-duty-doc-download.html)
From India, Bangalore
Acknowledge(0)Amend(0)
Since your accident has occurred 'in the course of employment,' you are entitled to special leave with full pay and hospitalization expenses, plus compensation if you suffered any partial/permanent disablement. However, under the Workmen's Compensation Act (now Employees Compensation Act), you are entitled to special leave as well as compensation appropriate to the injury you suffered. The stand taken by your office saying 'we have no leave policy on accident' is no excuse and untenable. Also, read the following links in this regard.
The employer is liable to bear the medical expenses and allow him leave with pay without deducting it from the leave to his credit.
Madhu.T.K
16th April 2013
From India, Kannur
Madhu.T.K
[Madhu.T.K](http://www.madhu-t-k.blogspot.com)
[Indigo Paints - Be Surprised!](http://indigopaints.com)
[Accident while coming on duty](https://www.citehr.com/404608-accident-while-coming-duty-doc-download.html)
From India, Bangalore
Acknowledge(0)Amend(0)
Is there any law or act around it as they won’t understand normal language or they don’t want to understand.
From India, Mohali
Acknowledge(0)Amend(0)
From India, Mohali
Acknowledge(0)Amend(0)
You have to issue a suitable letter demanding repayment of the wrongfully recovered 16 days' salary, which is the equivalent of leave pay for 16 days that you utilized following the accident "during and in the course of employment," i.e., when you were traveling from one store to another. If they do not respond positively, arrange for the issuance of a legal notice and then file a petition with the Labor Officer of that area to intervene and raise your case for redressal.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Thanks, can you help with the following query as well.
I worked in an organization where I had some disputes with the company. They asked me to resign, and after discussion, they requested me to resign on the 19th of June. The company agreed to pay me my salary until the 31st of August. They provided me with an acceptance letter on the company letterhead, stating that my resignation had been accepted, and they were relieving me immediately. Kindly suggest, if they accepted my resignation and relieved me immediately, should I receive my payout after the handover or within 45 days from the last working day? When I went for the handover, they informed me that they would pay my salary on a monthly basis, and the full and final settlement would be processed after 45 days from the 31st of August.
I requested them to provide an acceptance of resignation stating my last working day as the 31st of August. However, they refused to provide acceptance, even via email. According to the law, can I insist on receiving an email confirmation? Now, they are stating that the final experience/relieving letter will mention the 31st of August as the last day. If I present this to my new employer, based on the initial acceptance where my last working day was the 19th of June, or the experience/relieving letter where the last day is the 31st of August, can I ask for an accepted resignation mentioning the 31st of August as my last working day? The HR informed me that the relieving date and the last working day can be different. Is this correct? Kindly guide.
From India, Mohali
Acknowledge(0)Amend(0)
I worked in an organization where I had some disputes with the company. They asked me to resign, and after discussion, they requested me to resign on the 19th of June. The company agreed to pay me my salary until the 31st of August. They provided me with an acceptance letter on the company letterhead, stating that my resignation had been accepted, and they were relieving me immediately. Kindly suggest, if they accepted my resignation and relieved me immediately, should I receive my payout after the handover or within 45 days from the last working day? When I went for the handover, they informed me that they would pay my salary on a monthly basis, and the full and final settlement would be processed after 45 days from the 31st of August.
I requested them to provide an acceptance of resignation stating my last working day as the 31st of August. However, they refused to provide acceptance, even via email. According to the law, can I insist on receiving an email confirmation? Now, they are stating that the final experience/relieving letter will mention the 31st of August as the last day. If I present this to my new employer, based on the initial acceptance where my last working day was the 19th of June, or the experience/relieving letter where the last day is the 31st of August, can I ask for an accepted resignation mentioning the 31st of August as my last working day? The HR informed me that the relieving date and the last working day can be different. Is this correct? Kindly guide.
From India, Mohali
Acknowledge(0)Amend(0)
Dear friend,
Your narration appears to be very hypothetical rather than reality. That aside, the facts are:
i) You resigned on 19.6.2018 and were relieved on the same day.
ii) They agreed to pay your salary for the next 45 days, which amounts to up to 3.8.2018.
iii) They also agreed to mention in the experience/relieving letter - your last working day as 19.6.2018 and your relieving date as 31.8.2018. This means that your last working day and the date of relieving are different.
Now, could you let me know if you received your salary from 19.6.18 up to 31.8.18 or not? What have you been doing since leaving this employer; have you been remaining idle? It has been almost one and a half months since then; have you received your experience/relieving letter, and how crucial are these dates for your future career?
From India, Bangalore
Acknowledge(0)Amend(0)
Your narration appears to be very hypothetical rather than reality. That aside, the facts are:
i) You resigned on 19.6.2018 and were relieved on the same day.
ii) They agreed to pay your salary for the next 45 days, which amounts to up to 3.8.2018.
iii) They also agreed to mention in the experience/relieving letter - your last working day as 19.6.2018 and your relieving date as 31.8.2018. This means that your last working day and the date of relieving are different.
Now, could you let me know if you received your salary from 19.6.18 up to 31.8.18 or not? What have you been doing since leaving this employer; have you been remaining idle? It has been almost one and a half months since then; have you received your experience/relieving letter, and how crucial are these dates for your future career?
From India, Bangalore
Acknowledge(0)Amend(0)
There is some confusion. I resigned on the 19th, and they had given me a document mentioning that my resignation has been accepted and I am relieved on an immediate basis. I negotiated, and they agreed to pay me my salary till the 31st of August. The company's Turnaround Time (TAT) to settle full and final dues is 45 days.
So, my question is if they relieved me on an immediate basis, then I should receive my dues until the 31st of August within that TAT. However, they said they will pay it on a monthly basis. I informed them that if they wish to pay on a monthly basis, then the date of my resignation acceptance should be considered as the 31st of August. They denied this request. I explained that if I apply elsewhere and provide this resignation document stating that my resignation was accepted and I was relieved on the 19th of June, but the relieving letter mentions the date as the 31st of August, my new company may view me as fraudulent.
I hope you understand my concerns.
From India, Mohali
Acknowledge(0)Amend(0)
So, my question is if they relieved me on an immediate basis, then I should receive my dues until the 31st of August within that TAT. However, they said they will pay it on a monthly basis. I informed them that if they wish to pay on a monthly basis, then the date of my resignation acceptance should be considered as the 31st of August. They denied this request. I explained that if I apply elsewhere and provide this resignation document stating that my resignation was accepted and I was relieved on the 19th of June, but the relieving letter mentions the date as the 31st of August, my new company may view me as fraudulent.
I hope you understand my concerns.
From India, Mohali
Acknowledge(0)Amend(0)
Dear friend,
The "acceptance of resignation" date and the "date of relieving" could be different. This means that the period from the date of resignation to the date of relieving will be treated as the Notice Period. Having two different "dates of relieving" in two different documents may lead to doubts or confusion, making it extremely difficult to convince your new HR/Company. It will also be of little relevance to whether you were paid or not. Therefore, don't worry; the "Date of Relieving" as mentioned in your experience/relieving letter will prevail.
From India, Bangalore
Acknowledge(0)Amend(0)
The "acceptance of resignation" date and the "date of relieving" could be different. This means that the period from the date of resignation to the date of relieving will be treated as the Notice Period. Having two different "dates of relieving" in two different documents may lead to doubts or confusion, making it extremely difficult to convince your new HR/Company. It will also be of little relevance to whether you were paid or not. Therefore, don't worry; the "Date of Relieving" as mentioned in your experience/relieving letter will prevail.
From India, Bangalore
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Published_draft _rules_on Employees_ compensation 3.6.2020.pdf
Compensation Benchmarking Survey.doc