Regarding forced resignation

First thing First: record being forced to resign (audio/visual/witnessed/minuted)?

All affected employees may join hands and stand as witness to each other.

Form a union or join a union or affilliate with atrade Union.

 

While initiating such queries the querist should post the basic information e.g;



What is your designation and nature of duties in appointment letter and on record in actual practise? Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancell/amend your recommendations?

You are in which state ?


What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

You were under probation/confirmed?

Has the company issued any communication in writing on lay off/retrenchment/downsizing/closure etc?

 

Do you have appointment letter, all rules policies mentioned in appointment letter?

There are only two ways of separation from the company - either i) you resign from service at your will or ii) they terminate you.

They want you to resign because of low profit, which is illegal. If a company wants to cease your employment due to low profit then they have to give notice pay as well as retrenchment compensation (15 days salary for every year you have worked) and other monetary benefits. And the employee who was appointed last has to go out of the company first. I am sure your company wants to avoid these legal hassle and financial benefit, hence asking/ forcing you to resign. If you resign you will not be entitled to such retrenchment compensation. 

 

As already mention by Mr Kumar, try to gather evidences in any form of their forcing you to resign. It will help to build up a case in case you decide to move to court. 

 

Otherwise, at this stage it is not necessary to give legal notice. Let the company take any official steps.

Last week they terminate one employee with reason that there is no work for ur profile.

First thing first: Gather irrefutable evidence.

Post reply to all poinst, pointwise.

Tell me one thing, if I send legal notice to employer what can do immediately after receiving. Coz I am not ready to resign I already told HR.but now HR person is saying that ur rating is poor for performance. Evaluation. But during last appraisal I was on maternity leave.so how can my HOD give poor rating during that time. Plz suggest what should I do?

If you send legal notice NOW, what are you going to ask from the company? I believe the stage has not yet come to send legal notice.

If your employer gives you poor rating, I am afraid you cannot do anything legally. However, depending on such poor rating, if he terminates you then obviously you can challenge such illegal termination. If you were on leave (maternity or whaterever) during the course of appraisal then such period of leave is to be considered while rating your performance. 

During my maternity leave,they gave me poor rating before that always got higher rating I.e. A.and last year I got promotion and good increment also. If I will send legal notice, I will ask for compensation.

First thing first: Gather irrefutable evidence and record al already suggested.

You have not posted  reply to all poinst, pointwise.

If you were on leave then how can appraisal be completed.

Moreover the copy of appraisal is to be supplied to you, along with appraisal matrix.

You may ask to supply the copy of appraisal and appraisal matrix.

The poor perfromance has to be proved and employee has to be supported and trained to improve.

The performance is not that easy to prove and may depend upon many factors out of control of employee.

"The establishment has to  produce any evidence to show that failure to improve performance would amount to an act of misconduct"

 

It is reiterated that you should "Post reply to all poinst, pointwise." otherwise the thread is turning into chatting and won't lead anywhere.

Originally posted by : Suman singh
	During my maternity leave,they gave me poor rating before that always got higher rating I.e. A.and last year I got promotion and good increment also. If I will send legal notice, I will ask for compensation.

I do not think there is any provisions for any compensation for the poor performance during the maternity leave under any labour laws in India. However, you can always consult a lawyer with all relevant documents. 

An employee who has been unfairly dismissed by reason of her pregnancy or a reason related to her pregnancy will ordinarily be entitled to re-instatement, alternatively compensation up to a maximum of 2 years� remuneration. Dismissal by reason of an employee�s pregnancy is regarded as a form of automatically unfair dismissal and is adjudicated on by the Labour Court. A dismissed employee must first refer an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration or to a Bargaining Council operating in the industry / sector in which the employee was employed. If the dispute is not capable of settlement / resolution under conciliation by the CCMA / Bargaining Council the employee is entitled to refer the dispute to the Labour Court for adjudication.

Dear Kumar Sir , Following r my basic informations. What is your designation and nature of duties in appointment letter and on record in actual practise? Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancell/amend your recommendations? My designation is Sr Engineer. And nature of duties in appointment letter is Permanent Employee. No I don't 've power to sanction leave/ increment/ appoint/ terminate. Chief HOD can cancel/amend my recommendation. You are in which state ? Me in Haryana (Gurgaon) What is this establishment; Commercial/Industrial ? It's Industrial. Does it have Certified/Model standing orders and does it apply to your designation? No Are you a member of employees/trade unions? No What was your last drawn salary? You were under probation/confirmed? Confirmed, working in this company from last 6 years. Has the company issued any communication in writing on lay off/retrenchment/downsizing/closure etc? No Do you have appointment letter, all rules policies mentioned in appointment letter? Yes

Dear Kumar Sir , Following r my basic informations. What is your designation and nature of duties in appointment letter and on record in actual practise? Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancell/amend your recommendations? My designation is Sr Engineer. And nature of duties in appointment letter is Permanent Employee. No I don't 've power to sanction leave/ increment/ appoint/ terminate. Chief HOD can cancel/amend my recommendation. You are in which state ? Me in Haryana (Gurgaon) What is this establishment; Commercial/Industrial ? It's Industrial. Does it have Certified/Model standing orders and does it apply to your designation? No Are you a member of employees/trade unions? No What was your last drawn salary? You were under probation/confirmed? Confirmed, working in this company from last 6 years. Has the company issued any communication in writing on lay off/retrenchment/downsizing/closure etc? No Do you have appointment letter, all rules policies mentioned in appointment letter? Yes

Sorry Kumar sir, it's not coming properly.