I am getting forced to resign as I am working with a BPO

You cannot be compelled to resign. However, they can terminate or dismiss you following the due process. More than the CCTV, you know the truth. Take a wise decision in your longterm interest.

Record the verbal demands of resignation.

If at all you decide to resign, tender notice of resignation under proper acknowledgment or your dues may be squared off by adjusting notice pay…………..

That is why it is in interest of employees to form employee’s unions/affiliate with trade union, form Works Committee ( authority as in ID Act), Grievance Redressal Committee ( also notified in some states)  and build irrefutable record ….

The HR person, employer might have inserted incidence of fight in your personnel files maintained by IT and may bother you in future…..

Close the matter and defend your interest.

Firm up your next venture and keep options in hand.

Hi Aman,

It is common problem with some of the employees. Do not worry. As they will have to give a reason for your termination and which they can not prove, if you challenge their termission, hence they insist you to resign. I understand that you do not want to resign, hence their are following two options. 

1. Keep on giving them impression that you will soon resign, so that some time you get to apply somewhere else for job and once you get the job you can resign as they desire. This way you can save yourself from termination and adverse remark in your career. 

2. Let them terminate you, if you are prepeared for it. But I feel that they will not do. As by termination, they will have to pay you for notice period as well as they need to have a solid reason for your termination. I hope they terminate you for the same reason as you have mentioned in your query that you had some fight with your colleague. If they terminate you for some other reason, for that you will have to be prepeared with a totally different fight. But if they terminate you for the reason as stated above in your query. You can insist, in writting, for allowing you to see CCTV footage, which they will not be able to refuse you. If the loss of job involves a huge amount, then it is always better for taking a sound legal advise. 

Regards,

Ajit Lakhani 

ahlakhani@yahoo.com

What is the reason mentioned in termination order by email?

Have you escalated in writing under proper acknowledgment to authority in your establishment say good offices of appointing authority/MD/CEO, and request to supply you copy of CCTV footage with audio and not to destroy/delete IT and copy of reports submitted by say HR or any other designated employee of establishment.

Have you mentioned that on dated…………..Mr/Ms……………asked you to resign I reference to matter on dated……………reference for which to CCTV footage was also made ( altercation/fight that was not initiated by you)……and you were provided with copy of same…..

Has the other employee that initialed the altercation and hit, been also terminated?

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

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Please help,

I was terminated from my job on 05/Jan/18

Establisment commercial located in Udyog vihar, Gurgoan

Nature of business: UK basedTravel company

Number of Employees: 100 approx

Designation  Travel consultant

Nature of duties : Converting query to sales

How many persons report to you? None

Joined on 20/Jun/16 probation completed after six months received written confirmation of job,

Appointment letter does state one month basic salary if terminated

3 warning letter were given in 12/oct/17  for unscheduled leaves, incomplete sales targets, and fake customer complaint,

Please suggest the legal remedy with the cost of legal fight