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Dipak   24 November 2017

Termination from company

Sir, I am working with a limited company for last 8 years in india.but before 15 days company hr head called me and ask to resign due to financial crisis .they have told me to put resignation & relieved after 50 days verbaly.I ve two months notice period in my appointment letter.Can company terminate us in tjis way?if i ll not resign can they terminate me? Actually i ve no job right now.what to do please suggest. Dipak



Learning

 9 Replies

Kumar Doab (FIN)     24 November 2017

Can you establish that you were asked to resign?

What was submitted by you; notice of resignation/resignation without any notice period-LWD mentioned in it?

Do you have copy of resignation?

Has it i.e. notice of resignation/resignation  been accepted in writing?

 

Kumar Doab (FIN)     24 November 2017

Prespectives;

Vrbal relieving is of no consequence.

Request owners/HR Head/MD etc to let you continue in employment even after expeiry of notice period till you find next employment. This also happens.

Withdraw notice of resignation before expiry of notice period in writing under proper acknowledgment and continue to mark attendance and perform duties!

 

Pursue legal recourse and approach lawful authorities and  appropriate legal forum as applicable in your case.....

 

Exert and try to be in next employment ASAP.

Employee shold always create demand for him/her and keep options in hand.

 

Vintage in employment in establishment is not neccessarily a guarantee till retirement..

 

 

 

Kumar Doab (FIN)     24 November 2017

Same Query;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=156597&offset=1

Dipak   24 November 2017

No i ve not given any resignation.company only told me to put resignation paper & leave after 50 days.

Kumar Doab (FIN)     24 November 2017

If upon asking by anyone in company even if it is HR person as posted by you,...............you have not submitted notice of resignation/fianl resignation.................then you have not resigned............

 

Verbal relieving by HR person if of NO consequence....

Have you committed any misconduct that can fetch disciplinary action and consequences e.g; Termination?

  

Dipak   24 November 2017

No.if i ll not put resignation they may disable my attendance & not allow me to do work.These type of activity done in past

Kumar Doab (FIN)     24 November 2017

Disabling the attendance may not neccessarily mean termination.

Disabling the attendance and not allowing to enter premises/workstation may tentamount to 'Deemed termination'. You as employee would need to build evidence of it.

If you stop attending office on verbal communication it may be updated as Abscondment/Absenting/Abstaining and ater 8/10days as in standing orders/service conditions you as employee may loose lien on employment..................You may be terminated on charges of misconduct and notice pay may not be paid.

 

 

 

Dipak   24 November 2017

Hr head told me to put papers otherwise they ll terminate me.i am continuing my duty.

Kumar Doab (FIN)     30 November 2017

Record the demands of resignation or to face termination.

Is it not workable or possible for you and good for you?

If you are perturbed firm up your next venture ASAP.


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