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Anand (NA)     14 October 2015

Asking resignation or will terminate

I'm working with a pvt life insurer n couldn't achieve my probation targets. I am requesting extension but my bosses n hr asking resignation or will terminate me. I haven't yet resigned nor acknowledged termination letter. Now they are not allowing me in office which might give a chance to them to terminate me on basis of absconding. How should I handle this?


 3 Replies

Kumar Doab (FIN)     14 October 2015

  1. Record all meetings/calls (audio/visual/witnessed/minuted) the demand of resignation and threat that or you will be terminated. The onus to prove may fall upon you.
  2. Forced resignation is offence and can also be termed deemed termination.
  3. Non achievement of targets is not misconduct.
  4. The employer should rather arrange for training and support.
  5. There are employee’s unions now in private Insurance sector too and are affiliated with trade unions.
  6. If you are a say unit manager/sales manager then like a Development Officer of LIC the 1st line manager (above agents) is covered by the def. of ‘Workman’ as in ID Act and many of the managers of private life insurance companies have got relief from Labor Court. The union leaders can help you.
  7. If you are prevented from entering office without written instructions then what are you waiting for. You may immediately approach an able Labor Law Consultant/Service matters lawyer/Law Firm and submit carefully drafted representation addressed to appointing authority,MD,Chairman……………….narrating everything............................of course under proepr acknowledgment.

Avin   08 February 2016

Dear Sir

Most respectfully i want to know that i am working in a private company in pune from last 6 month.

i  was getting very low salary because at the time of appointment. the employer dont talks in figure but only facts.i started to work there with full enthusiasm .they commit me sallery negotiation after 6 month(after probation period). i was the highest performer in the team. After probation period, they are starting neglecting me.Even they starting play mind games with which is not even good for my health. they say they are not ready to continue with me. they are not even ready for final settlement. All this is not good for me because it will show a improper trend into my professional career. i am not a so high earing person so my life is a bit tough for me to sustain in such condition. they are not even ready to terminate. i m in great trouble .If possible please share some usefull information so that i can handle it.

Waitingg for your response.

Thank you

Your faithfully

Mr.Avin

Kumar Doab (FIN)     09 February 2016

@ Avin,

Download each document and record that shows that you are a performer and top perfromer, and appraisal forms for confirmation of employment.

 

Mention/Attach (without violating any internal policy of the company) the perfromance record with a gentle communication ( by letter or from personal email id) addressed to good offices of appointing authority,MD etc  and mention that your confirmation of employment was due on dated........................as per appointment letter issued to you and NO appraisal has been conducted/and letter of  confirmation of employment and incremental increase in salary that was assured on dated..................during interview etc has also not been supplied to you and same may be supplied.If you are unable to draft proeprly seek help of elders of the family/employee's-trade union leaders.

 

Wait for a reasonable time and then if you are satisfied look for another employment of your choice.If you area performer negotiate well and be with a good employer with good HR practices.

 

Don't waste your youth with such employers and try to settle down and build your future and career.

 

 


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