Employe termination
Querist :
Anonymous
(Querist) 07 April 2024
This query is : Resolved
I am currently employed as a senior software engineer at Software Company located in Bangalore, Karnataka. I joined the company on July 25th, 2022.
In August 2023, I encountered a challenging situation wherein my previous manager exerted pressure on me to seek alternative employment, Suggesting the possibility of issuing a negative termination letter if I did not comply.. I submitted a resignation email, which I later withdrew.
Subsequently, in January 2024, I shifted to a new project within the organization. However, in March 2024, the departmental manager indicated the forthcoming initiation of a Performance Improvement Plan (PIP), without specifying a precise commencement date and procedure.
On April 3rd, 2024, I was summoned by both the Human Resources department and my immediate manager for a meeting. During this meeting, I was pressured to submit a voluntary resignation, citing role redundancy and the company's financial constraints. In the meeting, HR asked me to convey my decision of resignation before 20 April 2024. HR told that if terminated , company will not pay notice period. In case of voluntary resignation, two months salary will be paid.
According to contract either party can terminate the employment by giving 2 months notice. In case company will not pay 2 months notice in case of termination, Could I approach court?
T. Kalaiselvan, Advocate
(Expert) 07 April 2024
You may visit the employment offer letter for the terms and conditions of the employment.
If the conditions state what the employer has stated now then you can decide about the possibilities and pros and cons for the both the situations.
If you have agreed to termination by the employer for termination without notice period then you are bound by the terms that you have accepted.
Querist :
Anonymous
(Querist) 07 April 2024
Please find below the Termination clause in offer letter. Based on this clause, will the company pay the notice period in case of termination in future?
Termination:
During the probation period, either party is free to terminate this employment without assigning any reason therefore by giving notice of such intent for a period of fifteen (15) days. After your confirmation in regular employment of the Company,either party can terminate this employment by giving two (2) month’s written notice without assigning any reasons. Ordinarily, the Company requires that you serve the full two (2) months notice prior to leaving the services. The company reserves the right to pay or recover salary in lieu of notice period. Prior to leaving the company, you will ensure that all your ongoing activities are successfully completed and handed over to the satisfaction of your manager / in- charge /superior. Further, based on satisfactory handover, the Management at its sole discretion may relieve you in advance of the full notice period. However, due to exigencies of business and / or successful completion of ongoing activities including its handover, the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period.
kavksatyanarayana
(Expert) 07 April 2024
As per the terms and conditions of your appointment letter, it requires two months' written notice period and the company reserves the right to pay or recover salary..... In this case, the company said in the HR meeting that it would pay two months' salary if you voluntarily resigned. So I opine it is better to resign voluntarily by taking to months salary. However, it is better to consult a local advocate who is knowledgeable in company matters.
T. Kalaiselvan, Advocate
(Expert) 07 April 2024
As per the conditions the company can terminate your services but they have to pay two months salary on termination.
If they don't then you can sue the company demanding the compensation for two months notice period.
P. Venu
(Expert) 08 April 2024
"In case company will not pay 2 months notice in case of termination, Could I approach court?"
Yes, you can; but getting a decree from the Court would entail much procedure, and expense.
However, what is the reason for pre-judging such a situation?
Querist :
Anonymous
(Querist) 09 April 2024
Thanks
No pre-judging, HR told directly.
Recently, I was summoned by both the Human Resources department and my immediate manager for a meeting. During this meeting, I was pressured to submit a voluntary resignation, citing role redundancy and the company's financial constraints. In the meeting, HR asked me to convey my decision of resignation before 20 April 2024. HR told that if terminated , company will not pay notice period. In case of voluntary resignation, two months salary will be paid.
T. Kalaiselvan, Advocate
(Expert) 09 April 2024
The GR or the manager is not the authority for labor or industrial law of the country.
You can always challenge their termination through court of law.
They are trying to put psychological pressure on you so that you will quit the company on your own hence they cannot be blamed.
You don't accept their offer and remain firm on your own decision.
Querist :
Anonymous
(Querist) 09 April 2024
Exactly Sir. They are going to remove from current project shortly intentionally, asking me to search project outside or internal in the organization. I have tried all departments, there are no openings at this time. I have written a letter to labor commission explaining my situation. I will wait for few months, and explore other opportunities outside the organization. Meanwhile if they terminate, I will file the case in court. Thank you sir.
T. Kalaiselvan, Advocate
(Expert) 10 April 2024
You may not get any reply or response from the labor commission because you have written a letter to them.
if you are making a complaint in the manner as prescribed in law for making complaint against the employer, then your complaint may be entertained as per procedures of law.
Even then they will enquire into the circumstances, they may summon the employer and try to reconcile, if the reconciliation is not possible then they may advise you to file a petition as per industrial disputes act for relief or remedy.
Instead you wait for the employer to terminate your employment and then you can take action directly seeking the benefits and rights that were denied by terminating your employment.
