Dhir Saxena (Professionaal) 26 August 2015

Impacted by restructuring

I am a fairly professional in the industry and I have been with a companry for about 20 months. There were a few Org changes before this and now suddenly my manager comes and aks me to put my paper down and leave as my position doesn't exist. I have never been given any structured feedback on my performance or been part of any review meeting around business performance. What are my options here?

Is the company obligated to provide me with severance benefit in addition to notice pay? If yes, then what is the best way to approach. I have already spoken and that has been declined
What happens if I don't resign? I have seen people reinstated after there positions have been obliterated. Does discrimination hold? Or is this a riskly proposition?
What does the labor law say about retrenchment of executives?

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4 Replies

Kumar Doab (FIN) 26 August 2015

If the position is made reduntant then it should be communicated in writing.

And/or you should genearte evidence (audio/visual/witnessed/witnessed) etc.

The position is made reducntant not the employee.

The resignation can not demanded in any case.

The lay off/compensation etc need to be related to service coditions.

All service related docs should be examined.

Dhir Saxena (Professionaal) 27 August 2015

Can a employee demand a response in writing?
What is a difference between position and/or employee being made redundant?
What does service related docs mean?
Audio/ visual/witnessed evidence of what?

kameswarao S (Head HR) 27 August 2015

In case there is no written document from the Management and demanding for resignation hece you need some proof for the same if you approach to the authority under statute or Legally hence Audio / Visual witness of the discussion the management had with you

Serice related documents are your appointment lr / offer of appointment / Document on service conditions / Certified Standing orders of the company / HR Book / Policies / your Pay slip etc.,

Company terminating you and recruiting or deploying some body else in your position is making employee redundant and Managing abolishing that position due to business requirements then the position is redundant.

However talk to the Senior Management team and settle the issue amicably by getting the benefits as per the rules under lay-off or under retrenchment & they can not simply threaten you and demand the resignation.

Once the issue is settled then better to look for alternatives and move off instead of continuing there.