Is Employee Eligible for Arrears after resignation?

As far as my information is concerned, you can ask for Arrears for the month of January only, if any.

For the second part of the question as to whether you can ask for compensation, then two factors should be considered --

1. Appointment Letter - that usually carries Notice Period in both cases.

2. Wordings used in Resignation Letter - had you used the wordings like you wishfully resign and there is no coercion from any quarter of the Company then, it would be presumed that you yourself were willing to resign and with mutual consent from Company, you had opted for coming out.

However, still, you have the right to seek compensation from your Employer for not giving you Notice before asking you to leave.

For that, you can ask for Legal Remedies available to you from concerned Labour Commissioner Office, Hyderabad at --K. Mishra, Regional Director. ESIC., Panchdeep Bhawan; 5-9-23 Hill Fort Road, Hyderabad-500483.  Contact Nos -27611437
27636024 – FAX
9492266688
col.labour@gmail.com

However, it is advisable that you consult some Advocate to seek remedy after showing relevant documents.

Thanks Kiran for referral. 

Mr. Vijay ji

As ia m not aware of your status,how long you are working there?secondly whether your company falls under pf/esi act as applicable,if you are in a company continously for 5 years or more in the same company,even group cos also acceptable the onus of proving lies with you only.

As opined by Nattaraja R.;Arikrishnan, confrontation with Employers are not advisable but,right to reasoning is with you,you can putforth all in your resignation even mentioning the management personal's name who asked you to resign.Otherwise it is an indirect intrusion of the rights of the employee by the said employer,or else you can give notice briefly by way of telegram as the notice period,and complete your notice period,you should be prepared of some unsavoury circumstances especially in the field of finance.accounts dept and to lesser extent in admin;this telegram as notice of resignation will help you in getting your dues by due representation to the respective labour commissioner in which the regional provident fund commissioner,in which your company is attached to.

Hey,

As Mr. Mohd Bakhsh says you are entitled arrears for the period of service only as my knowledge knows. However, whatsoever the Company be, it needs to give you the Notice period as you agreed to Work with them in the Contract. You might have left the second day of submitting the papers but you need to ask for the Compensation for the Notice period that normally be given to any employee. In case, the Employer is not intended to give the notice period and asked to leave forthwith, they need to give you the Notice period-pay for which you agreed to. This is vogue everywhere. It is also better to keep close door discussion with HR withwhom you have any contact/ officially too.

Mr Vijay,you are entitle for arrears of the preceding month i.e. only January 2011. Since you have resigned immediately on 31st January 2011,you may not claim arrears for February2011. Apart from that, the company will be dully authorized to adjust you salary even for the month of January 2011 against notice period if you do not have sufficient leave credit on your account.This summary is based on my experience in the Central Government.

However,your predicament should be addressed as per company rules. Please consult HR people who are close to you. I wish it resolves your issue to some extent.

Thanks , Mr Kiran for referral.

Hi...I have very less Idea on this....first always refer it to a relevant community so that people can see it and comment on it....If the post is not in any community and not referred to anybody it will not be visible at all....So I will do one thing I will refer it to a Community called HR professionals and then refer this to my connections so that if anybody know about this issue they can help you out........