Mr. Maninder Singh has given valuable advice. Kindly follow it.
The company is asking you to give up your employment within the premises of office.
If you wish to protest you can. Forced resignation can be deemed termination.
Simply put company is asking you to tender resignation or face termination.
You may be coerced further to tender resignation with notice or with immediate effect or with three month’s notice but let company accept it with reliving date one month from date of notice of resignation and you accept it without any protest.
You should resign {only if you wish to resign} by tendering 3 month’s notice in your situation by notice of resignation addressed to your appointing authority, MD, Company Secretary preferably by a letter thru redg. post under acknowledgment followed by email and you may submit one copy at reception where all mail of company is received and obtain acknowledgment on your copy under company seal and signature and diary number affixed on it. You can narrate your meeting with company personnel {mention name, designation, dept, address, date} and that you were asked to submit resignation with conditions………..as mentioned by you, however having no other alternative{ and to avoid stigmatic/adverse order of termination as pointed out to you which may affect your future employability you are tendering notice of resignation as per clause number………..in appointment letter dated………..issued to you, with three month’s notice and hence effective date of resignation/retirement being dated……..so that you can find alternative employment by the end of your date of resignation/retirement i.e. dated………..
Employee should record {audio/visual. Mobile comes handy} such transactions and keep evidence/witness. This is a time when you should tilt and keep the record in writing and in your favor.
Company and its HR personnel shall call you again.Keep evidence on your side.Company and its HR personnel shall not agree to having made such demand.Onus of proof/evidence may lie upon you.
If you are not able to firm up your next employment/source of livelihood, you can withdraw your resignation before its effective date/end of notice period.
If the company accepts your resignation before effective date it can be termed illegal and you can either get your job back or compromise to accept the wages for balance period of notice of resignation.
An employee has the right to withdraw his resignation before it becomes effective.
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
Supreme Court of India
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”
You shall find reference of many other pertinent and useful judgments cited in this decision by honorable SC.
Remain gentle amiable but alert and do not compromise and avoid emotional outburst.
Utilize the time to settle as ap.
The demand of the company can be treated as retrenchment.
You can contemplate to demand severance package. For this you may approach a competent and experienced lawyer and let your lawyer evaluate the merits and if you are convinced you may proceed under the expert advice only.
Employers do not marry employees. Employee should not treat employment as marriage.
