Forced to resign with out any reason

The query is also posted at:

https://www.lawyersclubindia.com/forum/Legal-advice-needed-urgently-136548.asp#.VyiKNtJ97IU

Keep one thread only.

Have they communicated in wriing that 'Production is stopped................option to transfer to all employees (including you)...............and you may resign by 30days notice'

Have you minuted the meeting and  communicated in wriing that ' i would transfer to one of the location'?

Have you recorded (audio/visual/witnessed/minuted) that they are complelling/forcing you to resign?

In future if required, the irrefutable evidence alone shall help you.

What was our designation and nature of duties?

While initiating such threads querist/employee should post full facts e.g;

What is this establishment; Commercial/Industrial?


What is its line of business?


What was your designation and nature of duties as in appointment letter and in practise?

Are you under probation period or confimed?

Does standing orders (Model/standing) apply to establishment and your designation and do you have the copy?

You were located in which state?


The Redg.,reporting,HO was in which state?

What was last drawn salary?

Are you a member of employee's/trade unions?

Does the company have an office at your future location?

The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case  should be posted.

Dear Sir,

They have not given notice in writing, this is production industry manufacturing of airconditioning supply products, located in bangalore, Notice given just oral intimation by operations head.  My designition is Sr.executive -F&A- but working in purchase and stores.  I have not recorded audio/video. Without any notice they are processing and convincing other employees and transering but specfically they are asking me to quit. My salary last drawn is 26000/- , I am a confirmed employee.

 indian HO is in Gurgaon- haryana -  NCR, global HO is in US, yes they have plant in future location already. 

When i joined it was indian Joint venture company,later become MNC and later one more gaint company purchased it last year - aquisiton completed and all mail id's has been changed but name has not changed - offer letter I have from initial joining and increment letter of MNC - in the offer letter 30 days notice period mentioned vice versa.

KIndly advice.

They do not want to leave an evidence and traces.

In future if required, the irrefutable evidence alone shall help you.

If you are singled out firm up your next venture ASAP.

Dear Sir, 

I didn't under stand, do you want me to resign and check out for other job?  can't insist for increase notice period or compensation, or shall I ask for show cause notcie.

You have no evidence and/or a communication on: closure, transfer, demand of resignation.

In future if required, the irrefutable evidence alone shall help you.

Therefore build evidence and if required you can apply it at an approprite time in appropriate forum.

Increased Notice Period; You can only demand if you have resigned (under protest or under compelling circumstances or if you are being asked/forced/compelled/coerced to resign). It is entirely prerogative of the bosses/employer. It is also directly dependant on how best you can negotiate and have thre requisite skills.

All said and done you should negotiate and get time till you are placed elsewhere to your satisfaction.

Compensation: If you can prove that you are removed without any reason and/or retrenched/laid off.

Show Cause Notice; For what? If company is closing down at one location then it is no misconduct on your part.

You may better consult employee's/trade union leaders, able labor-service matters consultant and be properly infomed on what you can and you should do.

Transfer, if is in the service condition, is a right of employer. An employee can be transferred showing reasons like exigencies of work. In this regard, you cannot really challenge the transfer legally unless you can show/ prove that the transfer was given as a punishment or given so that people leave the company intentionally in order to avoid transfer. However, this almost difficult to prove legally. Moreover, raising an issue of transfer might require intervention of union.

They are forcing you to resign so that you cannot charge them for illegal termination. Depending on your tenure of service and other factors, your company needs to pay retrenchment compensation along with other dues. They are forcing/ convincing you to resign so that they do not face legal hassel at a later stage. 

My suggestion is to stick to your current organisation and do not bend infront of your employers. Let them take a wrong step first (in terms of writing or action) then you can place your defence. 

Anyways, you are requested to consult a labour lawyer as soon as there is any kind of development/ issues. 

Dear Sir, I am ready to tranfer but, they are insisting me to resign, only few labour they dont want to coninue few labour getting transfered and few staff also getting transfered. 

The bosses, establishment, employer etc NOONE has given anything in writing.

While others are being asked to get transferred (verbally) and join at another location (verbally), you are not even asked to join at another location.

You are being asked to resign, by notice of resignation. Implying that you won't be either paid notice pay, rather you shall have to attedn office, mark attendance and remain idle.

Hence generate irrefutable evidence and then remain gentle and amiable so as to negotiate to your advantage.

At bangalore there are many employe's/trade unions that may guide and help you. List is alos at Dept. of Labor website.

Or discuss with an able counsel specializing in labor-service matters. 

If you wish some names of counsels at bangalore may be suggested.

However it shall be suggestion alone and you shall have to inquire, settle all terms and fee etc with your counsel on your own.

If suitable you may send your contact details by PM.