Job resignation

Your descripttion is not clear, what exactly is your problem.

If unable to express in English, write in Hindi or consult some locval lawyer on detailed discussion about your problem.

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Your query is clear upto that: The company claims that there is NO work for say;4 employees asd is asking employees to tender resignation.

Isn't it?

Do you have any irrefutable evidence of being asked/forced/pressurised to resign?

1st thing 1st; All affected employees may unite hands and stand as witness to each other. Record all calls, meetings during which resignation is being demanded and employee(s) is/are being forced/ pressurized to resign. This evidence can indeed help you to get compensation as per applicable enactments also and/or per negotiations that you are contemplating.

At the same time put in serious efforts to firm up your next venture, ASAP.

If at all you decide to resign: Submit notice of resignation (under proper acknowledgment) and mention clearly the notice period as per appointment letter issued to you/enactment that is applicable whichever is higher and mention LWD.

Employee can mention any notice period as deemed fit more so in such cases.

You may mention that on dated;………………..Mr/Ms………designation asked you in person in office/by phone calls to resign due to NO work available and NO alternate work has been offered { and you are asked to not to attend office…………)  hence you are  tendering notice of resignation.

If you are not attending office and/or you are asked to not to attend office, then generate some evidence (record) and mention it in writing, so that employer does not declare you absenting/absconding/abstaining and charge with misconduct and succeed in it and terminate without any lay off compensation/notice pay/ retrenchment compensation as per applicable enactments/service conditions.

Forced resignation can be termed deemed termination.

The establishment is under obligation to tender lay off compensation/notice pay/ retrenchment compensation as per applicable enactments/service conditions.

The severance compensation can be decided between employer/employee amicably/negotiations…………….and this is a good option. 

Some companies may even agree to keep employee on rolls till alternate employment is found.

Decide what exactly is your aim for negotiations!

During negotiations you may also ask in writing and under proper acknowledgment for acknowledgment and acceptance of notice of resignation/final resignation, Correct FnF statement showing computation of wages till LWD/bonus/leave encashment/Gratuity/OT/incentives/reimbursements/award-compensation etc  as per negotiations, payment of FnF dues as per  correct FnF statement, Form16 as per correct FnF statement, salary slips of all months, NOC/NDC, service certificate, relieving letter with good comments on conduct and performance, PF number and a/c skips of each year/ESIC card as applicable, acknowledgment of handover of charge/assets if any……………etc etc and bid goodbye……. 

Gratuity: Go thru: Payment of Gratuity Act,1972: 1 (3,3A), 4(5),  

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Has employer mentioned in any document issued to you that you shall be eligible for payment of Gratuity?

If yes what is exact language?

Did establishment employ 10 or more employees and/or the Act was applicable in the past?

If you wish you may attach the copy of such communication/appointment letter………………….However you may erase the names/logo etc to maintain the confidentiality.

No need to post any name/email id/phone number etc etc.........

Generically speaking; based on 1st impression as per your post you may not be eligible.

For confirmation post reply, pointwise to all points.

Bonus: Which bonus you may want to claim; statutory bonus as per payment of Bonus Act or some performance bonus etc?

Go thru:

THE PAYMENT OF BONUS ACT, 1965

1(b,5),2 ………………….more so 2(21)

https://labour.nic.in/sites/default/files/ThePaymentofBonusAct1965_0.pdf

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Originally posted by : Kumar Doab
	While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

I don't think any purpose is going to be served by author's reply on any of the point of the question of Mr. Kumar Doab. Earlier even on several requests, Mr. Kumar Doab has virtually refused to clarify about the purpose to be served by any of such information with respect to the problem of the querists.

Hope Mr. Kumar Doab can now make clear as to in what way the information on above points can help the querist on his question.

Originally posted by : Kumar Doab
	Your query is clear upto that: The company claims that there is NO work for say;4 employees asd is asking employees to tender resignation.   Isn't it?

IT=@Kumar Doab,

If question is clear, why IT=@Kumar Doab failed to advice the querist about solution to his problem?

Originally posted by : Kumar Doab
	1st thing 1st; All affected employees may unite hands and stand as witness to each other. Record all calls, meetings during which resignation is being demanded and employee(s) is/are being forced/ pressurized to resign. This evidence can indeed help you to get compensation as per applicable enactments also and/or per negotiations that you are contemplating.   At the same time put in serious efforts to firm up your next venture, ASAP.

Vague post! It is not made clear, where to stand as witness to each other.

Originally posted by : Kumar Doab
	During negotiations you may also ask in writing and under proper acknowledgment for acknowledgment and acceptance of notice of resignation/final resignation, Correct FnF statement showing computation of wages till LWD/bonus/leave encashment/Gratuity/OT/incentives/reimbursements/award-compensation etc  as per negotiations, payment of FnF dues as per  correct FnF statement, Form16 as per correct FnF statement, salary slips of all months, NOC/NDC, service certificate, relieving letter with good comments on conduct and performance, PF number and a/c skips of each year/ESIC card as applicable, acknowledgment of handover of charge/assets if any……………etc etc and bid goodbye…….

IT=@Kumar Doab,

VERY VAGUE POST. How IT=@Kumar Doab is sure that the management has called or will definitely call the querist for negotiation?