Forced to resign after resuming from maternity break

Company cannot ask you resign forcefully. But the terms and condition for employment and withdrawal from employment are given by employer  in offer letter at the time of employment. For better understanding please share you offer letter.

Thanks

Deepak

9456777600

Originally posted by : Meenakshi Pandey
	Hello Everyone, I have been working with one MNC (IT industry) in Hyderabad as full time employee as Senior Manager since Nov 2014 and have been top performers over all these years. I resumed regular work after Maternity break ( May 2017 to Dec 2017). Now after 2 months after resuming work, i have been asked to resign. Company is saying that they are in process of cleansing (while company CEO shared in town hall that comapny is doing well) and can't move in next financial year with bench people. Though,I will be given 3 months salary. I want to know is it okay for company to force employee to resign?

NO, IT is not.

IT can be termed offence, illegal, deemed termination…..

Do you have any evidence of terms/points posted by you e.g; bench people, cleansing, company doing well, demand to resign etc etc?

What exactly is this Cleansing? Is IT exactly the word used in writing by said CEO?

What are this bench people?

Has company made any written communication on these and offer to resign and get 3 months’ salary?

In case you resign then on what grounds or on basis of which Witten communication/document you feel that you will be paid 3months salary?

And/ Or is IT stated in offer/appointment letter/service conditions/rules that if employee is relieved before expiry of notice period notice pay for shortfall will be paid?

The salary for 3 months is basic, gross or CTC?

Since you are in establishment and closest to the establishment/employer/IT’s attorneys in  line management-HR etc do you feel confident that you can negotiate better terms of separation if you oblige the said CEO by offering you resignation on platter upon demand by CEO e.g; compensation in addition to notice pay or salary of 3 months, Gratuity, retrenchment compensation, clear BGV etc  let you remain on rolls till you find another employment etc etc  

In case you decide to separate you may tender notice for full notice period and under proper acknowledgment.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert on all relevant points...