Santosh J Mahalkar (Asst Mgr) 18 December 2013

Forced resignation

Dear All,
I was working in a limited company as a Asst. Mgr. from around 04 years. On 23rd Sept-2013 at around 11.40 AM, HR dept called & obtained my resignation by pressuring me. They also took my punching card from me by punching out the card at around 12.15 PM. Also they did not bothered to say that my resignation was accepted or not. While in appointment letter i have to work for 01 month after giving resignation.
Then after a week i decided to take the matter to Labour court & sent a legal notice to the company for obtaining Forcefull Resignation. Now the company is ready to give me some monetery compensation.
So please guide me as to how shall i negotiate with the company? How much compensation the company can give me?

Thanks & regards,

sjm.nsk

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2 Replies

Kumar Doab (FIN) 18 December 2013

The HR personnel, Line Manager of the companies are known to extract resignation, adjust notice pay and show some achievement to their masters.

Forced resignation is offence and a criminal complaint can also be lodged based on merits and evidence.

Thus one offender shall be reduced in the industry.

Company may treat forced resignation as deemed termination and may offer notice pay of termination.

Have you been able to get another employment at a better gross Salary/take home?

Demand retrenchment compensation, or lay off compensation for at least 3 months CTC , payment of Gratuity for which you would have been eligible after a few days (190/240 days in 5^th year) in the shape of tax free Ex. Gracia............................... or any other best possible deal e.g. to keep on rolls till you firm up next venture at better Take home salary and issue relieving letter with good comments...........................