Employee firing without notice

Termination / Foreced to resignation is unfair labour practice and it is an illegal. What is the tenure of service of the aggrieved employee ? what is the appointment letter mentioned about notice period? If he / she has completed one year of continuous service that employee must be given one month notice period or one month salary.

Did the employee withdraw the resignation (in writing under proper POD and acknowledgment) extracted by force, immediately after the resignation was extracted?

Do the employee have any evidence that resignation was extracted by force?

Forced resignation is offence.......................and can be termed deemed termination.

Well legally, the employee can sue the company, file the case of defamation and calculate the loss, because of impact of this forced resignation on his professional, as well as personnel life. But this has to be done only with the help of jurisdiction, and will need evidences of his performances.

Originally posted by : arulprasath
	Termination / Foreced to resignation is unfair labour practice and it is an illegal. What is the tenure of service of the aggrieved employee ? what is the appointment letter mentioned about notice period? If he / she has completed one year of continuous service that employee must be given one month notice period or one month salary.

I have completed more than 2 years of service. 

I was called over phone to meet the HR. For few others, they were escorted out of their desk. Once I met the HR, I was asked to submit the resignation. It has happened for more than 1000 employees of the company in April. We are informed that we will be settled with 3 month's Basic pay.

For individuals who were not ready to submit the resignation, they were scared saying an incident of security violation will be recorded against them, and that will be used for termination. If terminated this way, they will not get even the 3 month's basic pay.

Also note that the normal process of employee submitting the resignation in the company is through the company website. Hard copy submissions and resignation through mails are not accepted as form of resignation submission. But in the latest layoff, this has not been followed.

Find as follows the termination clause in the employment agreement.

13. Termination of Employment

13.1. You will be deemed as confirmed employee upon joining ##COMPANY## and there will be mutual lock in for a period of Twelve months, your employment shall (subject to the provisions of Clause 13.2) continue unless and until terminated by either ##COMPANY## or yourself giving to the other the period of notice set out in the Schedule. ##COMPANY## reserves the right at its absolute discretion to terminate your employment with immediate effect by paying you salary in lieu of notice.

13.2. Your employment may be terminated by ##COMPANY## forthwith without notice or payment in lieu of notice if you: -

  (i) Commit any serious or persistent breach of any of the terms, conditions or stipulation contained in this Agreement; or

  (ii) Are guilty of any serious negligence or gross misconduct in connection with or affecting the business or affairs of ##COMPANY##; or

  (iii) Are guilty of conduct which brings or is likely to bring you or ##COMPANY## into disrepute; or

  (iv) Are convicted of an arrestable criminal offence (other than an offence under road traffic legislation in the United Kingdom or elsewhere for which a non-custodial penalty is imposed); or

  (v) Are adjudged bankrupt or make any arrangement or composition with your creditors or have an interim order made against you.

13.3. Upon termination you shall immediately repay all outstanding debts or loans dues to ##COMPANY## and ##COMPANY## is hereby authorised to deduct such debts or loans from any sums due to you on the termination of employment.

13.4 On the termination of your employment for any reason you will deliver to ##COMPANY## all notes, memoranda, documents, papers, software, databases, mobile phones, laptop computers and other property (whether stored in hard copy or electronic form) belonging to ##COMPANY## or any client of ##COMPANY## which may have been prepared by you or come into your possession as a result of your employment and you will not retain any copies of them (as appropriate).

If you have resigned and:

---are unable to prove that resignation was extracted by force then company can square off the dues by adjusting notice pay, since you seem to have resigned with immediate effect.

---company has not waived off the notice period/pay then company can square off the dues by adjusting notice pay, since you seem to have resigned with immediate effect.

If you are able to prove that resignation was extracted by force then it shall be offence by company/HR. Forced resignation can be termed as ‘deemed termination’ and notice pay for termination may have to be paid.

Such companies are covered by:

-- Shops and Commercial Estabs. Act and rate of notice pay is also defined in it and might be @ last drawn monthly wages and not basic pay.

--Standing orders. If standing orders are not certified, Model Standing Orders shall be applicable. Standing orders are certified on the lines of Model Standing Orders. The notice pay is @ monthly wages.  

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may opine that you are all covered by the def. of ‘Employee’ and ‘Workman’.

All affected employee’s may join hands and stand as a witness to each other.

The united employee are properly informed and supported.

Non united employees are ill informed, can be singled out, are considered as loners, and are susceptible to exploitation.

Meet your counsel and draw your strategy and proceed further under expert advice of your counsel.

1) About My First Organization details are as bellow : What is this establishment; Commercial/Industrial? : Industrial You/your reporting office/Redg. Office of the company are located in which state? : Maharastra You are working since which date? : June 2010 to Sept 2010 in which 1Month Salary Pending How many persons are employed in company? : 15 Approx What is your designation and nature of duties and how many persons are reporting to you? Can you sanction (not just recommend) leave/increment/appointment/termination from employment? Manager Business Development . What is your monthly salary? : 30000 Have you received appointment letter,offer letter,salary slips of all months, FnF statement,PF a/c slips,ESIC card,Form16.......................? Did you resign or were you terminated? Do you have copies of representations and POD? have you approached any court of law? Are you a member of Employee's/Trade Unions? : Appointment Letter , But Not PF Details even PF is Cutting.How Get That Pending 1 Month Salary & PF Money .

2) About My Second Organization details are as bellow : What is this establishment; Commercial/Industrial? : Industrial You/your reporting office/Redg. Office of the company are located in which state? : Maharastra You are working since which date? : April 2011 to Nov 2013 How many persons are employed in company? : 35 Approx What is your designation and nature of duties and how many persons are reporting to you? Can you sanction (not just recommend) leave/increment/appointment/termination from employment? Manager Business Development . What is your monthly salary? : 30000 Have you received appointment letter,offer letter,salary slips of all months, FnF statement,PF a/c slips,ESIC card,Form16.......................? Did you resign or were you terminated? Do you have copies of representations and POD? have you approached any court of law? Are you a member of Employee's/Trade Unions? : Appointment Letter , PF But They Are Terminated due to not to give me my Pending Salary . Let me suggest What Action to be taken for the Both & How Money will be recovered ? OldMan

1) About My First Organization details are as bellow : What is this establishment; Commercial/Industrial? : Industrial You/your reporting office/Redg. Office of the company are located in which state? : Maharastra You are working since which date? : June 2010 to Sept 2010 in which 1Month Salary Pending How many persons are employed in company? : 15 Approx What is your designation and nature of duties and how many persons are reporting to you? Can you sanction (not just recommend) leave/increment/appointment/termination from employment? Manager Business Development . What is your monthly salary? : 30000 Have you received appointment letter,offer letter,salary slips of all months, FnF statement,PF a/c slips,ESIC card,Form16.......................? Did you resign or were you terminated? Do you have copies of representations and POD? have you approached any court of law? Are you a member of Employee's/Trade Unions? : Appointment Letter , But Not PF Details even PF is Cutting.How Get That Pending 1 Month Salary & PF Money .

2) About My Second Organization details are as bellow : What is this establishment; Commercial/Industrial? : Industrial You/your reporting office/Redg. Office of the company are located in which state? : Maharastra You are working since which date? : April 2011 to Nov 2013 How many persons are employed in company? : 35 Approx What is your designation and nature of duties and how many persons are reporting to you? Can you sanction (not just recommend) leave/increment/appointment/termination from employment? Manager Business Development . What is your monthly salary? : 30000 Have you received appointment letter,offer letter,salary slips of all months, FnF statement,PF a/c slips,ESIC card,Form16.......................? Did you resign or were you terminated? Do you have copies of representations and POD? have you approached any court of law? Are you a member of Employee's/Trade Unions? : Appointment Letter , PF But They Are Terminated due to not to give me my Pending Salary . Let me suggest What Action to be taken for the Both & How Money will be recovered ? OldMan

Originally posted by : Kumar Doab
	If you have resigned and: ---are unable to prove that resignation was extracted by force then company can square off the dues by adjusting notice pay, since you seem to have resigned with immediate effect. ---company has not waived off the notice period/pay then company can square off the dues by adjusting notice pay, since you seem to have resigned with immediate effect. If you are able to prove that resignation was extracted by force then it shall be offence by company/HR. Forced resignation can be termed as ‘deemed termination’ and notice pay for termination may have to be paid. Such companies are covered by: -- Shops and Commercial Estabs. Act and rate of notice pay is also defined in it and might be @ last drawn monthly wages and not basic pay. --Standing orders. If standing orders are not certified, Model Standing Orders shall be applicable. Standing orders are certified on the lines of Model Standing Orders. The notice pay is @ monthly wages.   Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may opine that you are all covered by the def. of ‘Employee’ and ‘Workman’. All affected employee’s may join hands and stand as a witness to each other. The united employee are properly informed and supported. Non united employees are ill informed, can be singled out, are considered as loners, and are susceptible to exploitation.   Meet your counsel and draw your strategy and proceed further under expert advice of your counsel.

Thanks for the details. In my case, the written resignation was obtained from me, and was scanned, but was returned to me by mistake. That leads to the employer not having the original document. Will that help me further?