Resignation-Notice Period

Querist : Anonymous (Querist) 23 October 2009 This query is : Resolved
I am working in Insurance Company as DOPs executive in Mumbai. We were hearing about cost cutting from axing jobs of some of the employees. Some of our colleagues were asked to resign since last two months. But we were not informed about anything. Now they are asking resgination with backdated sign. That means they want us to sign today resignation with letter dated of 30th September or 1st October. But still we are working and handling our profile. What should be our line of action.

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Arul Kumar (Expert) 23 October 2009
Please refer your appointment letter, and insist on applying notice period clause mentioned therein. Normally either the employ should give one or three month (as per the clause in appointment letter) notice prior to the resignation or if the employer removes the staffs with immediate effect, then the employer should give one or three month salary in lieu of notice.

Raj Kumar Makkad (Expert) 23 October 2009
A contract of private nature between employer and employee of unaided institution is not legally enforceable through court and maximum one can claim damages if no notice has been given and he has been removed from the service. In the given case, you can just insist to give one month prior notice as per terms of appointment and don't sing in back date otherwise you shall have to face financial loss.

Sachin Bhatia (Expert) 25 October 2009
Don't sign in back date otherwise you shall have to face financial loss.

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