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Ajay   26 December 2016

Employer force me to submit resignation

Sir I am working in a Ltd company as a Project manager from last 4 years 11 month and my employer force me to submit resignation because they want to appoint another person without any reason I had discuss with the Director of the company ,only one month less to complete my 5 years than the suggest me submit resignation without date than he will adjusted to release my Gratuity and I told him as per appointment term I am submitting one month notice for 1st to 31 Jan 17 is my last date than he told me you submitted resignation with any date but from 31 dec 2016 you will not attend the office ,if I will not attend the office in the month of Jan 2017 how to complete my last month of 5th yrs.

Suggestions badly required.


 16 Replies

adv.bharat @ PUNE (Lawyer)     26 December 2016

Ajay no one should force you to submit resignation with out any reason or fault or completion of standard regulation.

Will u appreciate this answer by giving like on my LCI profile? 

Ajay   26 December 2016

I know that and need to inform you lots of new staff appointed in senior label and want to fit his personal staff.I have no problem to resign but as per my situation want to know the right procedure only without my loss.

Ajay   26 December 2016

I know that and need to inform you lots of new staff appointed in senior label and want to fit his personal staff.I have no problem to resign but as per my situation want to know the right procedure only without my loss.

Kumar Doab (FIN)     26 December 2016

First thing that you should do is:

---Firm up your next venture/employment suitable to you.

--- Record the demand/threat to resign (audio/visual/witnessed/minuted) and generate irrefutable evidence, for use at appropriate time in appropriate forum. Later the onus to prove may fall on you.

Download all rules/policies that are applicable in establishment and applicable to you and narrated in appointment letter e.g; HR policy, service rules and regulations, and also record of performance, tasks assigned and performed, appreciations, incentives, awards, rewards, appraisals,  attendance, salary slips etc etc

and also your duties on record ………………………showing that you had no power to sanction ;leave/increment/appoint/terminate/decide etc etc


Approach employee's/trade union leaders and a very able counsel specializing in Labor/service matters……….and generate support group.

Check if the establishment has a ‘Works Committee’.

Check if your state has asked to form ‘Grievance Redressal Committee’………….e.g; as in Karnataka.


Don’t oblige by handing over your resignation on platter.

If at all you have to resign; submit notice of resignation, mentioning effective date of resignation/LWD ( that can be even more than employer has asked or even notice) under proper acknowledgment and mention that on dated………………you have been asked to resign by Mr/Ms………………….and to give up your employment and  your source of livelihood and not to come tom office from dated………….and request that this verbal demand may be called back………………………and you should be allowed to perform your duties…………….  


Don’t submit undated notice of resignation/resignation as it can be used to square off your dues with notice pay.

You can send it from personal email id, followed by letter thru Redg . post.


















Kumar Doab (FIN)     26 December 2016

Since you have worked for 4Y11M you should be eligible for payment of gartuity.


What are your nature of duties?

Ritesh Maity (Labour Law Advocate)     27 December 2016

Asking you to resign amounts to illegal termination. If you wish to chanllegne such termination, send a letter with proper acknowledgement that you have been forced to resign with out any delay.

Vivek H Bedarker (A)     27 December 2016

Does it make difference whether you complete 5 yrs or 4/11? As per ur post it is construed that you dont mind resigning but only matter of salary for 1 month. Take experience/good conduct letter and move.

Kumar Doab (FIN)     28 December 2016

What is your nature of duties?

There is no wage ceiling to claim Gratuity.

There is no limitation to claim Gratuity. If employer does not supply 'Notice of Determiantion of Gratuity' send a letter, of course under proper acknowledgment,  stating that 'Notice of Determiantion of Gratuity'  and payment has not been supplied and FormI is attached.

Don’t submit undated resignation.


Generate irrefutable evidence as suggested and keep safely.

If the need arises use it or let it be just with you.



Yagyaa   29 December 2016

Dear professionals I am confirmed employee, and company had terminated my job on performance basis. Working on supervisory position (Sr.Manager) 1) Company terminated me on 16-Dec-16, with three months pay. 2) On 15-Dec-16 I marked the email to HR, for asking reason that I am voluntary willing to resign and wish to serve 3 month notice period. 3) Till date they have neither taken my acceptance on Appointment Letter and not issued it. 4) From 17-Dec To 19-Dec I was on sick leave, I applied leave on 19-Dec on email and its approved by my line manager on 19-Dec. 5) No written notice served, only one email received that you have not achieved your target. They assigned half of the company monthly achievement Pan India. And asked me to improve my performance with higher target. 6) No performance improvement plan issued 7) No reimbursement paid for last 6 months 8) I have their laptop due having copies of email. No they are asking to return. 9) Company is not performing for last 8 months that's why I voluntary willing to resign. I AM LOOKING FOR RELIEVING LETTER + CANCELLATION OF TERMINATION LETTER. Please suggest action. Yagyaa

Kumar Doab (FIN)     31 December 2016

@ Yagyaa,

You have posted many threads.

Pls post in threads initiated by you.




Ajay   31 December 2016

Thanks to all but one more thing want to know I will submitting my one month notice on 5th Jan 2017 and last day of working 5th Feb 2017. Need help in two questions 1. If an employee resigns just before completing 5 years ( say 4 years and 11 months ) and is serving the notice period when 5 years are completed, is he eligible for gratuity 2. In similar circumstances, if the company pays him basic salary but asks him to not serve the notice period. So in effect, when he resigns after 4 yrs and 11 months, the company pays him 3 months notice pay and asks him to hand over ...what is the eligibility on gratuity

Kumar Doab (FIN)     03 January 2017

Count from DOJ to LWD.

If the establishment works for 6days/week or less than 6days/week and if employee has worked for 240/190days in a year then employee is eligible as per provisions of Payment of Gratuity Act.

The Act is a statue and NO citation is required.

We have not seen the service conditions signed with you.

Generically Speaking: Employer cannot accept resignation before expiry of notice period tendered by employee or LWD as mentioned in notice of resignation by employee.

The employer if accepts resignation and relieves before expiry of notice period or LWD as mentioned in notice of resignation, it may offer notice pay in lieu of notice period and it is upto employee to accept it or ask let him/her serve notice period.

The employer if accepts resignation and relieves before expiry of notice period or LWD as mentioned in notice of resignation, count from DOJ to LWD, for the purpose of payment of Gratuity.

If the break is caused by employer so as to avoid payment of Gratuity; cite it and also refer to Sec;9 in  Payment of Gratuity Act, and the word ‘WHOEVER’ avoids payment of Gratuity……………. and also penalty and punishment with jail term mentioned in the Act.

Kumar Doab (FIN)     03 January 2017

In any case if you have worked for 4Y11M you are eligible for payment of Gratuity, as explained above.

You may mention clearly in notice of resignation (submit under proper acknowledgment); the notice period……………days, LWD i.e. dated………………, and request to provide acknowledgment and acceptance (both), and to make arrangements to provide on LWD acceptance of final resignation, correct  FnF statement ( showing computation of earned wages/Gratuity, leave encashment/bonus/OT/incentives/reimbursements etc etc),  FnF payment, Form16 as per , correct  FnF statement, service certificate, relieving letter ( avoid without comments, with adverse comments, and get with comments), salary slip of all months, NOC/NDC,PF a/c slips of all years, …………….ESIC card,   acknowledgment of handover of charge, etc etc……………………….


Mention that NO Tasks are pending at your end and routine duties be assigned that can be completed on day to day basis within and upto LWD……………………..and to whom you should handover the charge within and upto LWD…………….under proper acknowledgment on the spot.

Employee can submit FormI 30days before LWD. So submit it under proper acknowledgment.

If employer does not pay Gratuity within 30dasy from LWD ( subsequent to supplying Notice of Determination of Gratuity) , is liable to tender with interest @10%pa.

If employer does not pay Gratuity within 30dasy from LWD, you may write under proper acknowledgment that the Notice of Determination of Gratuity and payment of Gratuity has not been supplied to you despite your representations in office on dated;………………… Mr/Ms……………………..and be supplied to you immediately by Redg. Post from PO only.




Kumar Doab (FIN)     03 January 2017

It is not made known by you in your posts what are the apprehensions in your mind?

In case there are any issues that are bothering you, you may post full facts of the matter.

Remain alert and download all relevant docs, records,rules, performance data etc etc ............and do not leave any chance to charge you on any count.



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