Paramjeet (Sr Mgr) 04 June 2020

Lay-off through resignation after a decade of service

Hello Professionals, I was working for an automobile company in the middle management cadre for past almost 10 years. Despite good track record & impressive appraisal results in 8 years out of 9 years, I was asked to put my resignation. The performance was good, considering the market conditions and there was growth against previous year. Due to current crisis on account of COVID-19, I requested them to continue with my employment and also wrote emails to key people in senior management but nobody responded to my email. I need to file a complaint (or case) to get compensation (atleast 6-9 months of salary) as I am not getting any job now. Need advise from experts here whether legally I can claim for compensation. Rgds

Reply Follow

Quick Summary

A professional with nearly 10 years of service in middle management was asked to resign despite a strong performance record. After their request to continue employment was ignored, they are seeking advice on whether they can legally claim compensation, such as 6-9 months' salary, as they are currently unemployed. Experts suggest that a case for forced resignation is possible if it can be proven, and advise consulting a lawyer promptly with all relevant communications.

2 Replies

Shayon 04 June 2020

Hi Paramjeet, you can move with a civil case or before the labour court. What evidences and communication you have with the company is important. You can contact me to discuss further.

Regards
Shayon
Advocate
9810986434

Ritesh Maity (Advocate | Labour & Industrial Law | Consumer Law) 04 June 2020

1. Only if you can prove that you have been forced to resign, then you have a good case. Otherwise, it will be difficult to establish your case.

2. Whether you will be entitled to file a suit in a civil court or labour court, depends on the nature of your work and other details.

It is very necessary to consult a lawyer with details (all communications). Since the resigation has already been given it is advisable to challenge the resignation at the earliest.