You have posted that:
--“My boss called me 3 days back and asked me to resign on same date.”
Is your boss your appointing authority, authority passed by company board to terminate, or an intermediate in HR process to recommend termination? Do you have copy of such flow chart?
Usually if your company has performance processes e.g. PIP and a policy is circulated /kept in HR portal/employee portal the process is mentioned in detail.
What is the reason mentioned by your boss for demanding your resignation?
--“I disagree and put email to him from my personal email ID”
What is communicated by you in your email?
--“yesterday, he called me up to tell that he will give 1 month salary.”
Did you record it (audio/visual) and do you have any witness?
Employee should record such transactions.
What is the notice period mentioned in your appointment letter: One Month?
Apparently your boss has indicated that if you resign with immediate effect he may still pay notice pay of one month to you? While if you resign with immediate effect you need to tender notice pay and your boss may adjust it in FNF statement and claim amounts receivable from you.
Therefore let your boss submits his desire in writing to you from his official email id, mentioning he shall pay notice pay of one month even if you tender resignation with immediate effect.
If your boss submits such communication it may help you further if you stake a claim for insufficient lay off compensation/retrenchment. Companies resort to tactics as explained by you to avoid termination/lay off/retrenchment….
It shall be appropriate to tender notice of resignation with future date of resignation mentioned in it. You may decide your future date of resignation as suitable to you.
If company accepts it before the expiry of this date it can be termed bad and as per SC decision:
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers
You may be able to secure the relief.
Has he mentioned that or you shall be terminated so better trade your termination with resignation letter?
Can you cajole him to send you an email and mention that company shall give one month notice pay??
--‘I also disagree on this, because i was worked day & night for this company from last 3 years.”
What is your expectation?
Do you want better deal/better compensation or claim lay off/retrenchment compensation? Do you have any evidence to claim it?
Did you submit another email?
Has your company mentioned e.g. lay off/reduction in force policy in its standing orders appointment letter issued to you, service rules, HR policy, severance policy…..
Obtain copies of all such policies.
Company can invoke the relevant clauses in appointment letter and terminate without mentioning any reason.
In case of a properly informed employee such decision may boomerang on the company.
Since you have been asked to resign approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, give inputs in person and spend quality time to understand the nuisances and proceed under expert advice of your lawyer.
If you wish to avail the service of LCI lawyer you can conduct search at:
https://www.lawyersclubindia.com/lawyers_search/#.USjGAEpMe8A
Your near and dear ones can also guide you to a competent and experienced labor consultant/service lawyer
