Employer termination me and forcing me to go in 1 month
Viren
(Querist) 05 June 2014
This query is : Resolved
Hi All,
My name is Viren Shukla I work for a reputed IT organisation here in Bangluru.
Recently my project with the client got over and now I am on bench(resource pool)
My employer is forcing me to leave the organisation by serving 1 month notice.
Although my Notice period is of 3 months
My offer letter says that either party can terminate the employment by giving 90 days of notice or salary.
and the
Company has the right to terminate immediate if I fall under any of the below categories which is not the case.
Offence-
Of noncognizable nature
Which hampers the organisations reputation.
Involving Moral Grounds.
The HR head is constantly forcing me to resign by serving a 1 month notice.
I am a lone earning member of a family with age more of 35 years and its difficult to get a job at this age.
I am working with this organisation for past 16 months.
Please suggest who is right and what should I do
Regards
Viren S. Y.
ajay sethi
(Expert) 05 June 2014
refuse to resign . let your employer terminate you and give you 3 months salary
Devajyoti Barman
(Expert) 06 June 2014
If they do not require you then you can no way continue with this.
However you can ask for payment for notice period.
Viren
(Querist) 06 June 2014
Thank You all very much for the opinion
Sankaranarayanan
(Expert) 06 June 2014
Yes you have right to get the salary for 3 month. If they refuse then don't resign the job.
Rajendra K Goyal
(Expert) 06 June 2014
Do not resign, let the company proceed to terminate you.
You should search another job as early as possible.
Guest
(Expert) 06 June 2014
Your first and foremost glaring mistake was to accept bench, as that is used by the employer just to find faults in the employer to terminate him on account of any vague charge but without allowing any terminal benefit, rather to forfeit the notice period pay also. By declining bench, you could better have asked the company to terminate you by issuing three months' notice.
The company has no right to seek your resignation. However, if on verbal instructions you serve one month's notice that would be your second mistake by virtue of which the company can claim two month's salary in lieu of periiod short of notice period.
Now the only alternative left for you is to serve three menths notice during the bench by referring the terms of appointment and wait for the formal response of the company.
Unless every instance pertaining to your termination is documented, you won't be able to defend your case in a court of law, as company's record can go against you. Nothing would be on record that you were compelled by anyone to serve one month's notice.
Kumar Doab
(Expert) 06 June 2014
If the project got over then your employer has to assign tasks to you.
Being on bench can at the most be ‘Lay off’………………………termination by employer may get termed as ‘Retrenchment’……………………..
Demanding resignation can be termed offence………………………………..and can be ‘deemed termination’ and such termination can be challenged…………………..and contested.
If you are being pressurized to resign you can raise Industrial Dispute now!
Approach a competent and experienced labor consultant/service lawyer at your location Now!
To defend your interest record the calls/meetings (audio/visual), repeat the dates/month/year, and keep the memory card safely………………………
Verbal transactions are difficult to prove. The onus to prove may fall upon you.
As per various publications the IT/ITeS companies are notorious for littering such nuisance…………………………………HR/Line Managers/Legal Cell personnel should decline to execute bad, illegal, unlawful policies of the employer and resign themselves if forced…………………………if they execute they can be sued for being a party……………………
The Trade Unions: e.g CITU, INTUC, BMS, AITUC…………………………. have been attempting to unite employees from your sector and willing to embrace employees from your sector.
The employees unions can form ‘Works Committees’ in companies and the Chairman is on rotation from employees/employer, and has equal number of members from employees/employer……………………
‘Works Committees’ is an authority as in ID Act…………………………………and employees/unions can negotiate service conditions with employer………………………….
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
This is precisely what employees in your sector should strive for.
The employees in your sector have formed many unions and they have done good job too.
http://www.itecentre.co.in/
http://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
http://www.wbitsa.org/
www.itpfindia.org/‎
http://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
http://www.shivsena.org
http://www.amrc.org.hk/node/1088 CBPOP
http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
There are smart employees too that know how to defend their interest and can retain employment even if on bench………………………you may go thru all threads initiated by such employees, .e.g;
http://www.lawyersclubindia.com/experts/Valid-group-to-use-against-employer-475001.asp#.U5G403KSwb8
You should also include firming up your next venture as a top Priority.
Once you are able to do you may tender notice of resignation with full 3 month’s notice period.
The resignation can not be accepted before expiry of notice period……………………and employee can withdraw resignation anytime within notice period and before it is accepted.
The employer and his coteries in HR have nothing to do care for your age, employability,……………………………they shall defend their interest.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
Very properly advised by many experts, you may follow their advise or else consult a local lawyer and seek his advise to proceed further.
