You can.
Company can terminate you. Adamant and recalcitrant line management, HR, senior management is known to do so.
You may approach a competent and experienced labor consultant/service lawyer as ap and show all of your documents and give inputs in person and proceed undwer expert advice. You may request your counsel to refer to the Model Standing orders also. The action of your boss may be in violation of standing orders.
As per the news item in the attachment the exemptions from labor laws, granted to IT companies has been withdrawn. However the old habits die hard.
Industry veteran TV Mohandas Pai, a former member of Infosys' leadership team was instrumental in getting the earlier exemption.
"Originally, the exemption was secured to stop harassment from the labour department and the inspector raj."
However the exemptions were misused to exploit and harass the ill informed, hapless employees.
The law mandates companies to "define with sufficient precision the conditions of employment" and make these conditions known to employees by posting them "on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment". Moreover, these so-called "standing orders" must be approved by labour unions or staff representatives.
Companies never wanted it and mislead the govt. to grant exemption. Now this exemption has been withdrawn. You may confirm it from dept of labor of your state.
It is time that employees organize and be member of trade unions and now let these so called leaders lead properly and demonstrate that they are leaders.
In the past years there has been high growth in IT/ITES/Software industry, and in number of institutions imparting IT degrees. Simply said the institutions have been churning out qualified students like factories, leading to easy availability of manpower.
Exemption granted to IT companies from Industrial Employment Standing Orders Act, made it easy for employers to hire and fire.
Resignation should ideally be addressed to appointing authority. By submitting your resignation to your immediate boss you have awarded nuisance value to him and he has started to litter the nuisance either on his own or under instructions or in consultation with some like minded HR personnel at junior or senior level or your company encourages it.
Verbal Challenge, PIP {Performance Improvement Plan} has become part of the policy of many of the MNC’s, Joint Venture with MNC’s. A company which has PIP in place should circulate or keep PIP details in the knowledge domain of the employee. PIP is aimed at looking into the reasons why an employee is not able to deliver performance vis a vis targets set out by the company for the employee and help the employee to enhance the performance. The line management, HR, training and development cell in the company should arrange specific and tailor made programme to train and develop the employees included in PIP.
You may take the printout of PIP policy, keep it in your file and study it.
The companies now flaunt PIP as punitive tool and tile for employees selected for separation. The employees put in PIP are being subjected to humiliation and highlighted as a piece of demonstration to other employees and push them to deliver performance demanded by company.
IN simple terms PIP has become a symbol for punishment. If line management, HR, training and development cell is able employees in PIP shall deliver. On the contrary majority of the employees in PIP are asked to leave by resignation as posted by you also.
This demonstrates that line management, HR, training and development cell is unable to lead, train and develop and hence not worthy to lead.
You may first decide that what exactly you want to achieve?
You want to separate or you want to agitate or you want to turn the situation in your favor so that you exit without any adverse comment on record and are employable in future or you want your resignation to be accepted after 19th Dec,2012.
You could have written in your notice of resignation that you are submitting it as you have been ordered and forced to do so by Mr/Ms……..designation……….dept…..address…..on dated……..and you were threatened if you do not succumb to the wishes of the representatives of the company a termination of service order shall be issued with adverse comments on record and you shall be no more employable in future. In concurrence to the wishes of Mr/Ms and hence company you are submitting your resignation.
You can submit a carefully structured communication now also concluding that the email resignation was extracted from you by force in office by…………and the torment has not ended and foul comments are being posted setting out the plot of destruction of your future……………
You can ask what is this PIP and how can it entitle the company to accept your resignation before your last day in office as mentioned in your notice?
You can withdraw your resignation, anytime before the date mentioned by you.
Another view point is that termination is initiated by you and you have set your last day in office and if the company discharges you before the effective date of your resignation, you can term it illegal and proceed against the company. Company should be thankful if you accept the wages/notice pay for the period from 28th Sept to 19th Dec.
You may fine tune your strategy as suitable to you.
