Company forcing resignation


Hi,

Working in a private limited company (MNC) in India with a designation of Manager. The project I am working currently is going to complete in Dec, 2018. The company is forcing to put my resignation as they don't have budget to support my salary from 2019 as the project completed.

I am a permanent employee, completed 2 years of continuous service. There was no mention during recruitment, onboarding and appointment letter of any such adversaries, but my manager updated about this situation verbally few months before. Recently, I have been told by HR verbally that no compensation will be provided and 31st Dec, 2018 will be my last day and asked to voluntarily resign. Although the appointment letter clearly states that "Either party may terminate by giving 3 months written notice or 3 months pay in lieu of notice". Even I have been pushed by HR verbally that a Termination Letter will be issued if I voluntarily don't resign.

I want to leave the organisation in good terms, hence worried how to handle the situation ammicably. If it doesn't what legal course I can take. Any advice will help in this situation.

Would also like to known what could be mentioned in my termination letter, which will impact my future employment.

 
Reply   
 
Advocate

Hello,

The company cannot force you to resign without giving a valid reason for such demand. Also, everything in this context should be in writting so please ask to keep all communication and corresspondance on mail or letters. Till then do not take any further action.
 
Ask them to give a say on mail or by official mode of communication. If post this if they force you, you may send a legal notice against such malafide act. You may contact us for further assistance.
 
Adv. Varun Vij
Juris Falcons Law Group
08779007569

 

 

 
Reply   
 


FIN

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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 your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

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……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 
Reply   
 
FIN

If competent employee e.g appointing authority or authority that can issue Termination order gives  in writing before passing termination order or in termination order that said project is completed and IT cannot keep you (as IT cannot afford your salary as in query) and your conduct and performance was good then IT may serve your purpose as posted by you in your query.

Or If IT gives in writing during BGV and you obtain the copy IT may help you.

 
Reply   
 
FIN

Otherwise; the employer’s version of amicable approach is already communicated by attorney’s of employer in HR/Line Mangers, verbally, that have asked to resign you, voluntarily.

The employee’s version of amicable approach is to be decided and communicated by you (employee), verbally while negotiating severance or in writing.

You need to check if your manager has updated in company’s records after meeting with you few months back that you have been informed of notice of separation/termination. That could be the reason behind telling you verbally that NO compensation shall be paid to you. Or the establishment may not pay you even the notice pay and you may have to approach authorities/court. Probably nothing is communicated to you in writing on notice of termination/separation w.e.f. Dec 2018.

Has the employer communicated in writing that the said project is completed and IT cannot keep you (as IT cannot afford your salary as in query)? If not can’t you get in wriing? This may lead to claim of lay off/redundancy/retrenchment/damages or atleast notice pay, as per Terms of appointment!

Or you don’t want minute the discussions with Manager/HR, say by letter thru redg. Post/personal email id etc, so as to communicate a favorable written record?

Or you can’t or don’t want to approach good offices of appointing authority/MD/CEO/Board for relief/compensation, as contemplated by you as per Terms of appointment?

If the termination order does not charge with misconduct and/or mentions said project is complted and IT cannot keep you (as IT cannot afford your salary as in query), then next employer(s) may…..may absorb you.

If the termination order just mention termination (wrf to appointment letter clauses by citing clause number or even without citing), then next employers may…..may absorb you.

If you have adequate experience/skills/qualification next employer(s) may….may absorb you despite termination/adverse comments in BGV. IT also does happen in many cases.

You may have to explain/substantiate the reason by your skills or from your record ( that you need to build for future) that you were asked to resign/terminated since said project was over.

You need to check with next/future employers.

IT shall be better to keep some offers in hand.

Or if you can apply your skills and negotiate to tender notice period of 3 months as per appointment letter and let employer waive off the notice period and accept w.e.f. date as suitable to employer-employee i.e. before expiry of notice period and all documets (as mentioned above/relieving documents) with good comments are issued to you.

Or employer agrees to keep you on rolls till you firm up your next venture and relieves you with all documets (as mentioned above/relieving documents) with good comments are issued to you!

Remain alert, gentle and amiable and use the time to negotiate to mind your long term interest and/or build favorable situation/(written) record.

In case the employer posts adverse comments in reference check/BGV get irrefutable evidences to be eligible to claim damages..or exaplin from your record.

 

 
Reply   
 
FIN

 

Or you may approach Authorities/courts for relief.

e.g; Labor Inspedctor/ALC/ALCC (State/Central as applicable in your case if you are covered by the def. of Workman as in ID Act) or Labor Court/CGIT

The LOCAL Inspector at your location might also be Inspector appointed under Shops & Estbs Act,

Inspector appointed Payment of Wages Act ( This Act does not discriminate between Workman and Non Workman) if you are covered by the def. of wages under the Act..

Civil courts (if you are not covered by the def. of Workman as in ID Act) and court may reinstate per merits in exceptional cases and provide relief for breach of contract..

NCLT if you are covered as per criteria

 

 

 

 

 
Reply   
 
FIN

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section and also in Files/Articles. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Your elders, seasoned employee’s/trade union leaders, LOCAL counsel can appraise you in detail in person.

Consultation in person with counsel can help you and you can become propelry informed.

 

Your elders, seasoned employee’s/trade union leaders, LOCAL counsel can appraise you in detail in person.

 In the meantime you may go thru threads on similar queries/Articles/Files etc and pick up relevant points e.g;

 

Articles under my profile ;

 

“Employee can file complaint against Termination Also at City Where Management decided to Terminate

No charge of Unauthorized Absence on Employee after Expiry of Notice Period!

No Income Tax on Notice Pay of Employee

Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws”

 

 
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Hi,

Adding more details to my query to help everyone give appropiate responses. The company is an FMCG,in Maharashtra State. I am a manager with duties of managing projects. No history of any misconduct. Performance appraisal has been good with average ratings. 

My manager has update me few months before of the situation that 31st Dec 2018 will be the last day. Since then we have been discussing about internal jobs, few were there but they weren't aligned to my career goal hence didn't apply for it.

There hasn't been any written communication from my Manager or HR about last working day.

Now HR has been forcing me to give resignation in written, and been harassing by making phone calls everyday. But, they aren't putting anything on writing. Worried how to handle the situation.

Would like to know how strong is my case? How to approach any authority or court? Will the process of legal harass me more than the current situation? There is also a situation where they can give ZERO bonus by giving bad ratings. Currently I don't have any job offer at hand.

 
Reply   
 

Hi,

Adding more details to my query to help everyone give appropiate responses. The company is an FMCG,in Maharashtra State. I am a manager with duties of managing projects. No history of any misconduct. Performance appraisal has been good with average ratings. 

My manager has update me few months before of the situation that 31st Dec 2018 will be the last day. Since then we have been discussing about internal jobs, few were there but they weren't aligned to my career goal hence didn't apply for it.

There hasn't been any written communication from my Manager or HR about last working day.

Now HR has been forcing me to give resignation in written, and been harassing by making phone calls everyday. But, they aren't putting anything on writing. Worried how to handle the situation.

Would like to know how strong is my case? How to approach any authority or court? Will the process of legal harass me more than the current situation? There is also a situation where they can give ZERO bonus by giving bad ratings. Currently I don't have any job offer at hand.

 
Reply   
 

Hi,

Adding more details to my query to help everyone give appropiate responses. The company is an FMCG,in Maharashtra State. I am a manager with duties of managing projects. No history of any misconduct. Performance appraisal has been good with average ratings. 

My manager has update me few months before of the situation that 31st Dec 2018 will be the last day. Since then we have been discussing about internal jobs, few were there but they weren't aligned to my career goal hence didn't apply for it.

There hasn't been any written communication from my Manager or HR about last working day.

Now HR has been forcing me to give resignation in written, and been harassing by making phone calls everyday. But, they aren't putting anything on writing. Worried how to handle the situation.

Would like to know how strong is my case? How to approach any authority or court? Will the process of legal harass me more than the current situation? There is also a situation where they can give ZERO bonus by giving bad ratings. Currently I don't have any job offer at hand.

 
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