Company forcing me to leave and pay buyout money
nirajtodi
(Querist) 08 January 2015
This query is : Resolved
I recently resigned from my company and currently serving my notice period of 3 months. Suddenly the company is asking me to leave immediately and also pay the buy out money. I am willing to leave if the company wants but I do not pay the buy out money. Can the company force me to leave and pay the buyout money also ? Please help ??
Kumar Doab
(Expert) 08 January 2015
NO.
This is offence and you can lodge police complaint.
Who is forcing you: Employer/Line Mangers/HR personnel/Legal cell personnel etc.........?
To defend your interest record (audio/visual/witnessed)at once and keep it in safe custody like at home /locker!
The notice period tendered by you/effective date of resignation, can not be preponed or postponed by establishment or employer.
Download the evidence of having completed all tasks and do not leave any room for getting charged on any count.
Once you have the evidence submit a written representation to the good offices of appointing authority, MD,Chairman,......................President of GRC,IC,Works Committee, Director on Board from employee's side,Employee's unions,Trade Unions,...........Inspector appointed under (name of the state) Shops and Commercial Establishments Act, o/o Labor Commissioner........SHO/Commissioner of police.............under proper acknowledgment......
If at all you decide to resign mention that on dated.........Mr/Ms........designation.......name of company..........address.........forced you to resign against your wishes, while you were duly serving notice period ,and submit it by redg. post under acknowledgment.
Discuss with your family and consult Local Labor Law Consultant/Service matters lawyer and proceed further under advise of your lawyer...
nirajtodi
(Querist) 08 January 2015
Thanks, that's a relief.. My manager asked me to go through the details of the offer and said the Company have the right to make you resign and pay notice period, when ever they want.. Thanks much for you input.
Kumar Doab
(Expert) 08 January 2015
Is it indeed stated in offer letter that::::
"Company have the right to make you resign and pay notice period, when ever they want.. ."
What has been issued to you ; offer letter or appointment letter?
Usually it is stated in appointment letter that service conditions shall be governed by HR policy/Service Rules and regulations.......but these are seldom supplied with appointment letter and majority of the employees do not even ask for these!
Do you have copy of the HR policy/Service Rules and regulations...?
These might be kept at HR or employee's portal and you may download the copy........or demand it from concerned HR personnel in writing under proper acknowledgment.
The vindictive and zealous Manager can do something to effect the termination during notice period hence for your interest record all transactions and statements.........and seek support from Employee's unions and your lawyer.
nirajtodi
(Querist) 08 January 2015
No, its not written anything and we discussed only verbally. When I asked for written communication he declined and told to talk to only one specific HR. Lets c how things work out.. Thanks for all the help..
Rajendra K Goyal
(Expert) 09 January 2015
Do not accept the move from them. Otherwise also, after serving the notice period, you would be released F&F payments easily is doubtful.
Kumar Doab
(Expert) 09 January 2015
If this HR and Manager succeed in extracting resignation from you they shall succeed in getting notice pay adjusted in FnF statement and settlement................and even declaring you absconding if you do not serve full notice period........
Be careful and vigilant.
Record all transactions.
