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Joshi Kishor Dattatraya (Manager HR & IR)     11 June 2015

Forced resignation

Dear Seniors, warm wishesh. I am working in a Limited company as a Manager, The Management has conveyed that company is suffering from recession and manpower reduction is required to servival of company. They have asked me to submit my resignation and accordingly I have also submitted the same as per management's wish. After submission of my resignation the management has niether given me the acceptance of resignation nor they have conveyed me when they will relive me. They are now not assigning me any kind of work. I am sitting idle since last 3 months after submission of my resignation. In the month of May 2015 Management have declared normal increment with effect from April 2015 to all employees except me. and immediatly after declaring the increment management also reduced 30% salary of all employees and it is including me. Kindly guide me in this situation, is there any provision of law to prevent management by adapting such unfair treatment? Should I be entitle for normal increment after submission of resignation and recover the arrears? I have never did any correspondance with Management due to fear of loosing job immideatly and they will also spoil my career by adapting such unfair practices. I am not aware of what to do. Please guide me I am very much deprresed now a days.

Regards



Learning

 5 Replies

Kumar Doab (FIN)     11 June 2015

 

 

You are a HR and then IR personnel, as per your profile, and could have handled the situation much better.

 

You have posted that:

 

---“ I have never did any correspondance with Management due to fear of loosing job immideatly and they will also spoil my career by adapting such unfair practices.”

 

 

 

Forced resignation can be termed offence.

 

There is never any need to be fearsome and fearful and afraid of anything.

Employee should be skillful and vigilant and can achieve his/her objectives by remaining amiable, gentle too.

 

You have already lost the job.

You have presented your resignation on a platter to the unscrupulous employer.

Probably you have not generated and saved irrefutable evidence of forced resignation for use at appropriate time in appropriate forum, if the need be.

 

Had you mustered courage to do so you could have negotiated very well on your own by applying some skills or thru your counsel(s) without any adverse effect on you, and resolved the situation in your favor!

 

---“ The Management has conveyed that company is suffering from recession and manpower reduction is required to servival of company. They have asked me to submit my resignation and accordingly I have also submitted the same as per management's wish.”

 

Apparently all such communications to you were verbal. Although a fair employer would not mind communicating in writing. At the most employer would have to tender compensation as per service conditions.

There was no need to write the resignation at once, on the spot.

 

---“ After submission of my resignation the management has niether given me the acceptance of resignation nor they have conveyed me when they will relive me.”

 

You had tendered notice of resignation or resignation with immediate effect?

Do you have a copy and proof of delivery or acknowledgment?

 

What is the notice period inserted in appointment letter? Is there any mention of lay off compensation, retrenchment compensation?

 

---“ They are now not assigning me any kind of work. I am sitting idle since last 3 months after submission of my resignation.”

 

Are you attending office and marking attendance? Are you being paid salary every month?

Or have you been asked to remain at home in writing?

 

---“ In the month of May 2015 Management have declared normal increment with effect from April 2015 to all employees except me. and immediatly after declaring the increment management also reduced 30% salary of all employees and it is including me.”

 

The declaration of increment is by a circular or individual communication, in writing?

 

How the salary has been reduced? By some one way communication in writing,  or negotiations? Has the company obtained the acceptance of reduction in writing? Are all of affected employees covered by PF?

 

---“ Should I be entitle for normal increment after submission of resignation and recover the arrears?”

 

What is the process? Some appraisal? If yes was any appraisal conducted with each employee?

 

If it is customary to announce increments in April and was announced by some circular then you might be!

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties? Did you have any power to sanction leave (or just recommend) , grant increment, appoint and terminate? Can anyone, above you, cancel anything recommended by you?

 

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

 Have you signed any BOND? If yes it was created in lieu of what: some certified training paid by employer from some certified Intt. That added to your qualification or some extra ordinary favor and expenses from employer?

Have you submitted your testimonials/certificate to employer or even some security cheque? If yes did company ask to deposit these in writing and did it issue any acknowledgment?

 

Since how many months you are working with this company?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

 

You should provide full information, pointwise!

1 Like

Joshi Kishor Dattatraya (Manager HR & IR)     13 June 2015

Thank you Mr. Kumar, you have asked some details. Please find bellow;

1] I have tendered resignation not a notice of resignation

2] I have acknowledgement on my resignation copy.

3] In my appointment letter 3 months notice period is mentioned and 3 months have already passed away.

4] I am attending office regulary as in normal condition and I am getting salary for that.

5] The declaration of increment is by a circular, but management has not given any notice in writting to me about holding/stopping my increment.

6] Salary up to 30% is reduced without any concent from employees. It is dictatorial.

7] Our organisation is Manufacturing Industry. Having 450 employees.

8] My designation is Manager HR & IR working since last 3 years in the organisation. In fact I am victim of durty politics from senior management for no reason. All workmen are like and loving me, but my junior is a pet animal of my senior and hence they want me to quit.

9] As I am working as Manager  and having authorities of the designation, I am out of the perview of Workman defination.

10] Though there is Service Rules and Regulations it is systematically kept secret from each & every employee.

11] I have not signed any BOND but I am searching job and the process of my selction from other organisation is under pipeline. In this circustances I am not able to fight openly with Management as they may be spoil my new job search.

12] I am in a management cadre hence no organisation will consider that I have fought with an organisation. Here I am seek to know the provisions of the statute which helps me to prevent management by adapting such unfair treatment and get wise full & final remunarations.

Thanks & Regards

Kumar Doab (FIN)     13 June 2015

After resignation you have been allowed to work and paid our wages. The notice period inserted in appointment letter has also expired.

You alone would know how did you draft the resignation?

In one sense the resignation/notice has expired. One of the possibilities is that you can be asked to tender fresh notice/resignation.

 

You are closest to the facts and employer and might be the employer has allowed you to remain on board and hunt for another employment.

You may download the salary slip of each month and attendance record.

 

The employer should not and can not behave like a street magician and produce things from thin air. The HR policy has to be supplied to all employees to whom it is applicable and kept in knowledge domain of employee. Employee has the right of demanding a certified copy. You may by your own wisdom place on record that the policy was never shared, supplied, kept in some shared portal from DOJ till date and you are not aware what does it contain.

 

The increment communicated by circular supplied to you (say by email at your email id) is applicable to you.

The reduction in wages can’t be dictatorial. Although employer would love to claim that the acceptance without any objection amounts to deemed acceptance. By your own wisdom you may place your non acceptance on record.

 

You may either not press to issue FnF statement or if it is issued you may not sign it, so that you can lay a claim within 3 years from LWD.

You can apply your skills and obtain increment/arears+30% deducted amounts, while in employment, if you can.

 

Beyond this if you have any legal issues you may approach an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.

1 Like

Joshi Kishor Dattatraya (Manager HR & IR)     14 June 2015

Thanks Mr. Kumar for your valuable guidance. Today Ihave sent a mail to my boss which is given given below for your information and seeking further guidence.

Dear Sir,

I am in receipt of your mail dated 7th June 2015 regarding normal increment. The mail was mentioned as below;

We are pleased to inform you that a normal increment is granted to all NB employees w. e. f. 1st April 2015.

The effect of this increment is already given in the salary of May 2015 along with arrears payment for the month of April 2015.

Please note the same and inform to all NB employees in your department.

With Regards,

xyz

But when I received my salary I could not find any increment or arrears payment, instead of that I observed 30% less salary. I am totally confused. One side you obtained my resignation forcefully. Then no increment has been included in my salary along with all employees. Height of this my salary is reduced by 30% without my consent. This is all unfair and unjustifiable. So you are humbly requested to look into and do the justice.

Yours faithfully

Kishor Dattatraya Joshi

Can this mail solve my purpose and help me when I go for suit civil case to recover my payments from the management?

Warm Regards

 

Kumar Doab (FIN)     14 June 2015

On line discussions have its own limitations.

You should have shown all docs on record to an able Labor Law Consultant/Service Matters Lawyer/Law firm, and your communications should have preferably been drafted by your lawyer.

Keep a copy of this email and preferably send to your personal email id in record of the company.

This should place the matter on record, and empower you to stake a claim within 3 years of LWD. HOwever you should claim ASAP.

Is your boss your employer?

Has the increment been shown in the salary slip?

 Has the deduction been shown in the salary slip?

 

If you are convinced that you have drafted the mail sent by you appropriately then the email may be sent to the personnel that is responsible for non computation non increment, deduction of 30%, and supplying the salary slip……………….and then escalated to good offices of appointing authority,MD,Chairman.

 

Usually the HR and more so IR personnel are privy to facts that are kept close to chest and this can grant you some leverage and handle on employer.

If you can apply the handle and resolve the matter in your favor, this would be the easiest solution.

Obtain relieving letter (hard and soft copy both) with good comments on conduct and performance (avoid without comments/adverse comments), proper acknowledgment of NOC/NDC/handover of charge, acceptance of resignation, attendance record, salary slips of all months, PF a/c slips, ESIC card,Form16, service certificate, relieving letter,FnF statement, etc………….

Mention facts /notice period etc to next employer in employment application, Firm up with next employer that your current employer may not supply the  proper acknowledgment of NOC/NDC/handover of charge, acceptance of resignation, attendance record, salary slips of all months, PF a/c slips, ESIC card,Form16, service certificate, relieving letter,FnF statement, etc…………. and you can provide these only if these are supplied to you by current employer and you should be absorbed on the strength of copy of resignation only………………and notice period be bought and it & relocation expenses be paid to you at once on joining without any conditions.

Keep your next employer by your side.

Beyond this if you have any legal issues you may approach an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advice of your lawyer.

 

 

 

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