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vivek   05 November 2015

Employer advising to resign as priorities of company changed

My employer, a small Pvt. limited company registered in Ahmedabad, employing only 9 people, called me in a meeting, and told me to resign as the company's prioirties have changed. And offered me the notice period of 1 month as perour contract. 

I need hel in understanding if thay can force me to resign? Can they decide to terminate me if I do not resign? Should I consider legal recourse?



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 7 Replies

Kumar Doab (FIN)     05 November 2015

Employee should record (audio/visual/witnessed/minuted) demand of resignation. This shall be evidence.If there is evidence then it help to render termination malafide.

Demand of resignation is offence.

Forced resignation can be termed deemed termination.

Employer should write to you about its intention to lay off/retrench.

But employers don't write to avoid claims of compensation/damages.

You have the option of submitting gentle communication under proper acknowledgment citing on dated.........................Mr/Ms..................demanded resignation with notice period of 30days...........quoting reason as..................and you need say....................time to contemplate as you have no other employment and are unprepared...............etc

 

Or you have the option of obliging the employer and offering your (NOTICE of )resignation (quoting reason or without reason)...............

 

Although there are judgments of Supreme Court of India that resignation can't be accepted before expiry of notice period but you alone would know the conduct of your employer.

 

Notice of resigantion can be withdrawn before expiry of notice period.

 

Are you a member of any employee's/trade unions? You should be.

 

1 Like

L.K.Saravanan (Advocate)     05 November 2015

If they want to terminate you it should be done according to the due process of law , so that you should get compensation or retrenchment benefits if you are a worker , you can sue them in labour court. If you are in supervisory category sue them in civil court for compelling you to resign your job .  But my personnel advice better search other company and don't spend time and money on a suit... Best of Luck.

1 Like

Kumar Doab (FIN)     05 November 2015

Whatever recourse you may follow record irrefutable evidence.Once you have the evidence you can succeed, in any case, if you wish to file a case. OR write a gentle communication narrating demand of resignation,citing your good conduct and performance,and need of employment and time required till you firm up another employment (say 3 months or more) and to grant time.............etc...
1 Like

vivek   06 November 2015

Thanks. I have emails from them, discussing the "news" and my notice period, leaves etc. Though it does not mention the word resign directly. 

They have agreed to compensate for the unused leaves, if I comply and fulfil the tasks assigned during the period. 

Should I agree?

 

Please advise. And thanks so much for the kind words.

Kumar Doab (FIN)     06 November 2015

The email may be sufficient as implied demand of resignation!

Show evewrything to your able counsels.

 

In such case if at all you decide to tender resignation do so by notice of resignation and submit notice till you find suitable employment.

Leave encashment in any case has to be paid in FnF statement/settlement as per Gujarat Shops and Esbs Act and/or company's leave policy , whichever offer superior benefits.

 

1 Like

vivek   07 November 2015

Thanks.! They had given me a deadline to resigning today. I have not, and have asked them to extend my last working day till 31st. @Kumar Doab, your advise about laves is really helpful, I am thinking of taking them to court if they do not agree to my reasonable request.

Kumar Doab (FIN)     07 November 2015

It is reiterated that:

"Employee should record (audio/visual/witnessed/minuted) demand of resignation. This shall be evidence."

You can seek support from employee's/Trade Unions and even approach Inspector appointed under the Act and ALC also.


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