Employee -- termination

You have posted that:

--“Now I was asked to resign”

Who had asked you to resign? Did he/she quote any reason?

Did you write to good offices of appointing authority, MD, Chairman, Company Secretary that Mr/Ms……..designation….dept……….address on dated………dictated you to write down your own resignation for no reason and fault at your end?

You may in the meantime request good offices in writing under acknowledgment, to allow you to examine your personnel file maintained at head office. This hall come handy at appropriate time in appropriate forum.

Employee should record such transactions {audio/visual} and keep some evidence as it helps later at appropriate time in appropriate forum. Are you alone or many employees have faced such situation If yes all employees be witness to each other.

Is the company closing down your vertical?

It is an offence to extract resignation from employee and ask the employee to write down his/her own resignation and give up employment and source of livelihood. In case company wants to proceed with separation there is a procedure and process of natural justice to be followed.

Has the company ever issued any stinker/emails/show cause notice/warning etc on any matter to you that could lead to termination?  

--“as I was not resigned company terminated me on 30/04/2012.”

Before termination did company conduct any meeting with you? How was your performance?

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

A competent and experienced labor consultant/service lawyer can examine the merits and advice the appropriate forum to you. You may show your appointment letter and all other records including all appreciation mails, Tgt Vs performance, medals, certificates, trophies, and promotion letters, any other record, and give inputs in person.

Does your company have certified standing orders? Has the company extended standing orders to your designation?

Does   Industrial Employment standing orders Act applicable to your trade? If yes then if certified standing orders have not been made model standing orders shall apply.

Has the company supplied DD/cheque for notice pay along with termination order? If yes you may not encash till you have your opinion of your labor consultant/service lawyer.

Has the company supplied you the FNF statement? If yes you may reject to accept the same and if the mount has been transferred into your bank a/c you may accept only under written protest which should under acknowledgment with a copy to you.

It shall be appropriate to let your  labor consultant/service lawyer structure all of your communications.

A competent and experienced labor consultant/service lawyer can examine the merits and advice the appropriate forum to you.

Have you consulted a labor consultant/service lawyer and has your lawyer confirmed that you fall within the category of workman? If yes a demand notice can be issued to management. Thereafter conciliation proceedings shall be held by conciliation officer. If conciliation proceedings fail matter can be referred to Labor court.

It shall be appropriate to consult before you proceed. If you do not send your lawyer company shall also have to send its employee/officer. Your lawyer can structure your representations and you can fight under expert guidance. If you entrust the matter to your lawyer, your lawyer shall handle the proceedings and you can focus on your future ventures.

Central Government Act

Section 33 in The Industrial Disputes Act, 1947

33. 1[ Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.-