The payment of earned wages for the days worked can not be subjected to any condition or any clause.
The earned wages have to be paid on fixed day/usual day of payment of wages.
The employer can not demand that employee should write down his own resignation. It can be termed offence.
Employer can issue notice of termination.
Forced resignation can be termed deemed termination. You may need to provide the evidence that you were coerced forced to resign within company’s premises.
Employer is under obligation to issue and supply FNF statement for verification and acceptance by employee and also to disburse due payments on last day in office or max. by usual pay day.
Indian courts of law have consistently been declining to enforce NON Compete Clauses/agreements post termination of employment.
Non compete may very well remain in fore during tenure of employment.
If you have been asked to resign and if you have obliged and have also submitted company property under proper acknowledgment then you have completed your part of obligations and nothing is due to be done by you.
If you have signed any agreements while accepting offer of employment, during employment those clauses and agreements may be emphasized by employer although it is to be seen by court of law whether these are enforceable or not, however if company has asked to resign and lays down conditions for signing another agreements for releasing the earned wages then it can very well be claimed as transgression by employer.
If you have resigned with immediate effect the employer may square off the dues by notice pay.
You may approach a competent and experienced labor consultant/service lawyer and show the job advertisement, job application, interview call letter, offer letter, appointment letter, service rules, HR /severance/FNF policy, standing orders applicable to the establishment and extended to your designation etc. give inputs and proceed under expert advice of your lawyer.
