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Rajiv (BD)     10 November 2013

Termination

Dear All,

 

I have been working for close to 1 yr 6 months in a software company in business development and sales dept

I have been asked to resign citing that the division is being closed down..which in that case should be applicable to about 6 ppl but only i ma being singled out..The HR says there no issue with my performance or attitude.

 

I have decided not to reisign and if they want to show me the door they can terminate me with a reason with which i want to take them to court of law.

 

Comapny i s small with about 50 ppl.Please let me know my options and if i can claim severeance

 

REgards



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     10 November 2013

If you resign you will deprive yourself of the benefit of being a retrenched employee.

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 November 2013

Yes wait for the company to terminate you and then proceed with the legal actions against them.

1 Like

Rajiv (BD)     10 November 2013

Thanks sudhir....your comments are lot of help

Rajiv (BD)     10 November 2013

Thank you sir for your advise.can i claim severance.what are the options legally that i can explore?

Kumar Doab (FIN)     11 November 2013

 

It is believed that your service is confirmed.

 

 

 

Record (audio/visual, and keep some witness/evidence too) the demands of HR to submit resignation and statements that there is no issue with performance/attitude and that div. is being closed.

 

If at all you have to separate, do so by notice of resignation (notice of resignation can be even more than the notice stated in your appointment letter) and mention that on dated………………….Mr/Ms……………….designation………………dept…………..

name of company………….address……………..demanded and extracted your resignation stating that……………………

 

If you resign with immediate effect company may be pleased to adjust notice pay and square off your dues. The HR is caring for the interest of its masters in the company and employer. Verbal transactions without any witness/evidence may find no standing.

 If you are stopped or blocked from entering office or are asked not to attend office submit minutes at once to o/o Appointing Authority, MD......................

You may add that you alone are asked to submit resignation.

 

Forced resignation may be deemed as termination.

 

The terms of lay off, retrenchment compensation has to be found in standing orders applicable to the company, statue, ID Act, appointment letter………………………

 

If 50 and above employees are employed in the company standing orders may be applicable………………….

 

The min. compensation should be notice period applicable to you.

 

The other alternative is negotiate with the company, get a written confirmation and obtain compensation as applicable and agreeable to you and company ( say 3 months wages), along with acceptance of resignation, service certificate, relieving letter with good comments on conduct and performance, correct FNF statement, FNF dues, Form 16, PF number, PF a/c slips, ESIC card, NOC/NDC etc  and separate peacefully.

 

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer, law firm and show all of your documents and records and give inputs in person.

The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best. 

 

 

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