Termination
Harsh
(Querist) 31 October 2013
This query is : Resolved
Hello,
I was working in an MNC,but due to some reasons they terminate me and take my signature on RESIGNATION,saying i am resigning for familier reasons but actually they terminate me.
And they are not able to give me a strong reason for that.
This termiantion is more like for personal reasons.
Can you please suggest me that if it is possible for me to rejoin the company,taking back my resignation.
And if they provide me the reliving letter mentioned as I am terminated,so shall i given some financial privilege from organisation.
Regards
ajay sethi
(Expert) 31 October 2013
you ought not to have submitted your resignation letter . it is not possible to rejoin the organisation now
Kumar Doab
(Expert) 31 October 2013
Since you have resigned in the relieving letter company won’t mention terminated.
Since you are not terminated you can not expect notice pay or any other compensation and claim lay off/ retrenchment………….
If you have resigned with immediate effect company shall adjust notice pay in your FNF statement/settlement.
In a situation like yours employee should always tender resignation with full or even more notice period and let the company accept it before expiry of notice period tendered by employee.
In such a situation instead of obliging the employer by offering resignation on a platter and on the sport employee should always discuss and proceed under expert advice.
Employee should be skilled to handle such situations and postpone for a while.
The resignation can not be accepted before expiry of notice period.
If your resignation has not been accepted you can withdraw your resignation.
If resignation has been extracted by force, coercion, threat, pressure and you can establish it (the onus is on you) it may be claimed as deemed termination………….
If resignation has been extracted by force you can withdraw it claiming it has been extracted by force (the onus to establish is on you).
Even if company has stated reason of separation as resignation in relieving letter it can still insert actual/factual reasons in personnel file. It can even insert comments issued by managers which might not have been communicated to you in writing.
You have mentioned that “due to some reasons………………………… they terminate me and take my signature on RESIGNATION”.
Another viewpoint is that these “some reasons’ may be on record and you can negotiate so that the company waives off the notice period/pay and does not adjust it in FNF statement, and issues you relieving letter with good comments on conduct and performance (avoid without comments and with adverse comments). This should ensure that even after obliging the company by your resignation you won’t suffer adverse comments in BGV and negative feedback during reference check.
Employee should be skilled to handle such situations and must know how to differentiate between good and worst.
It shall be better to approach your lawyer in person and explain the matter and actual reasons and understand the pros and cons before initiating any action.
Rajendra K Goyal
(Expert) 31 October 2013
Agree with the expert, contact local lawyer.
