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A A   01 November 2015

Company threatening to terminate after 3 months

I joined an IT company - HCL technologies on Nov 27th 2014. I am working as a software developer and my current designation is 'Technical Lead'. After working in the present project until Oct 9th they released me from this project. The reason given for the release was that it was just a 'routine rotation'. Now they have put me on bench. The HR is telling me that I can only be on bench for 3 months, and after that I will have to resign (or be terminated) and that is the company policy. So far, they have not been able to assign me to another project. Also I am on probation for a period of 1 year as per the offer letter. I don't have any people working under me and I am not in a managerial or supervisory role. So I feel I may be considered a workman as per industrial disputes act. Now my question is, if the HR gives me the option of resigning or being terminated, what should I choose? If I am terminated, do I have any legal remedy as per the existing labour laws?



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 10 Replies

A A   01 November 2015

I would like to add that I am working in Bangalore. Also my performance has been good and there has been no intimation by the company of poor performance either verbal or in writing or through email.


(Guest)

dear-

move on..its just one of the companies in the worldl..rather than fight with legal case,look for a better opportunity...they are not binding to provde you a LIFETIME employment as you expect instead it only shows the ethics of the company.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 November 2015

Employers must use proper employment termination and dismissal procedures to ensure that the process of leaving for the employee is fair, compassionate, professional and legally correct. Organisations are liable to dispute and potentially severe penalties if employment termination is for whatever reason not handled properly.

siddhartha sinha   02 November 2015

Whether you are a workman is a subjective matter. But it is not wise to waste time in litigations against your own employer. At most you can claim compensation. Instead you should focus on new job.

siddhartha sinha   02 November 2015

Whether you are a workman is a subjective matter. But it is not wise to waste time in litigations against your own employer. At most you can claim compensation. Instead you should focus on new job search.

A A   04 November 2015

Nowadays, its not so easy to find a new job. So even if I get compensation, it is okay. Let me know if there is any legal action possible.

Kumar Doab (FIN)     07 November 2015

The employee is at the discretion of employer during the work hours. If employer asks the employee to be in office/worksation without work it is employers discretion.

 

Hopefully you and your position/designation was not redundant.

 

But you were moved by employer's choice to another dept/Div and are made idle by employer choice, as per you post.

Hopefully again you and your position/designation is not redundant.

 

You are being paid full wages/salary and not the lay off compensation.Download saary slip of each month,HR policy/Service Rules and regulations/Employee handbook, performance record, each and every thing..............................as later you may not get anything.

You need to document in writing under proepr acknowledgment.

 

You may be able to prove 'Unfait termination, Retrenchment' and qulaifiy for 'Retrenchment Compnesation'.

 

A techie in Bangalore was awarded Rs.12 Lac compensation for unfair termiantion by higher officials of Dep. of labor and it was well published news.

 

There are many effective IT/ITeS Employee's unions and have affilliated with Trade Unions.

 

Choose your options carefully and wisely.

You have full life ahead.

 

 

 

 

 

pradeep (officer)     08 November 2015

I have been working with Private pharma company for more than a year  now they  have ask me to resign or you will terminate within a month. Forcefully I have  resign last month but more  than 2 months I have not recieve the F&F statement  but mistake they have provide me salaray of current month.   Now they threathing me return the salary or some legal action will be take by management.

Please any boby can guide me as I need to sponse by tommrow

 

 

Kumar Doab (FIN)     08 November 2015

Are you working somewhere else now or are you unemployed? Did you get offer letter before joining or you got appointment letter, and did you get appointment letter also after joining? Is the notice period of 2months stated in it? What was your designation and nature of duties? Did you have power to sanction leave/increment/appoint/terminate? Did you get salary slip of each month? Did you submit notice of resignation or resignation with immediate effect? Do you have proof of forced resignation/demand of resignation? Do you have copy, proof of dispatch, acknowledgment and acceptance of resignation? Are you a member of any employee's/trade unions? You may simply ask them to supply you the FnF statement (hard and soft copy both) showing all payables by company to you and all payables by you to company and net amount if any payable by anyone to other, so that needful can be done! If possible drive the discussion during calls/meeting to get an admission from opposite party that resignation was demanded from you by Mr/Ms………………on dated……………….and you were forced to resign, and record (audio/visual/minuted/witnessed).

madhubabu dikkala   14 August 2023

Hi ,

 

I am working in HCL Technologies Vijayawada. While i am on the project for June 30 2023. As i am on bench period from July 19th  , according to HCL Policy we need to complete 3 month bench period and 3 months notice .But they HR called me on August 10th and demanding me to resign on September 1st week only. They are saying no notice period and no bench period .Pleae suggest me need your help


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