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ashutosh   23 July 2015

Forceful resignation demanded of female employee

Dear Team,

My friend works in a Delhi based Consulting company - ABC Ltd, spread across regions in India and outside India, they are business enablers for Foreign Companies. Since last 2.5 years, my friend was working with the client of this company, promoting their business, setting up new agents, profile involved domestic travel, and was a work from home job.

She was on probation period for initial 6 months, which got extended to more 6 months citing improvement is needed in her performance. And only after 1.5 years she got confirmation letter,as her performance got improved & in the letter client mentions that ABC Ltd should help her with improving her business communication skills, which ABC never did!

Apart from this everything was running smooth, and she got an opportunity to visit UK for training, couple of months ago, and in good faith, she discussed with her boss in UK (ABC's client) that she would need some days leave to undergo a medical procedure in next 2 month [between July End to August Start], to start a family, to which the boss (ABC's Client) had approved verbally and had said OK for the leave. ABC was still not informed as this was just a conversation and she was going to take permission from ABC after confirmation of the dates with the doctors.

In last 2 months, ABC's client has appraised her work verbally and even offered her to give bonus if the business does well in September.


Until one day in current month, ABC's HR head and Business Head asks her to be in call. and tells her that ABC's client is unhappy with her performance, finds her commitment level low, and Client is fatigued and has lost Trust in her work, as her work approach is 'CASUAL'. and cant work with her anymore. 

This was an absolute shocker for her!

When she demanded proof of all the above causes, it was provided verbally to which she denied, as they were Half truth, and they were not listening to her point of view.

ABC is not willing to help her in continuing the job. they are just forcing her to resign and move out.

Since September is a major business month for the ABC's client, and the Medical procedure was due in end of July/ Aug start, citing above reasons from the client, ABC wants her to stop working immediately and is willing to provide 2 months compensation instead of actual 1 months as per policy. And wants her to resign else they will initiate a disciplinary action and go in a formal way to terminate the services.

The timing of this event is just before when she was about to ask for a medical procedure leave to start a family, and is purposefully done by the ABC's client as he does not want to loose business. Even ABC is not supporting her in this case,  as they are more interested in serving the client than their own employees.

She has asked ABC to help her in serving a different client of ABC, as the current Client is not ready to work with Her, to which ABC is denying as it is against their Policy, she also asked for a six month severance package from ABC to which ABC denied, saying it is not possible.

in another call with her, ABC HR Head says its not performance but commitment and casual work attitude which is a problem, and they have asked her to type her resignation and send it to them so that they can proceed with further process, and HR Head committed that they will guarantee her with 2 months compensation, as they doing her a favour by going against the company policy. when she asked about the proof against all these allegations, ABC refused to provide any details, citing confentiality.

She intends to seek a legal advice for this, as her over-friendliness with the ABC's Client is costing her a JOB, and just because she is a woman who wants to start a family, is denied of basic rights to work with Dignity.

What should be done against the company and the client. please advice.


Regards,
A



Learning

 2 Replies

Kumar Doab (FIN)     23 July 2015

Record proof of all that you have posted (audio/visual/witnessed/minuted).

Demanding resignation can be termed offence.

Forced resignation can be termed deemed termination.

The onus to prove forced/demanded resignation may fall upon her.

Gather irrefutable evidence for use at appropriate time in appropriate forum.

 

Is she a member of any female employee's/employee's/trade unions?

Whats is her designation and exact nature of duties?

 

 

 

ashutosh   24 July 2015

Thanks kumar for the response. she is not a part of any union.

exact nature of duties & designation will PM u.

 

The sole reason which they are doing this is because of the truth she told to ABC's client, and they are other factors like performance, casual attitude etc. which they cannot prove.

Do you suggest this can issue can be fought in the labour court. or settlement is the alternative.

What impact will it have on her career when the case is fought against the company.?

what is the time taken to come to a result in such cases.?

 

thanks 

Ashutosh


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