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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


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 5 Replies

jagtar singh   24 November 2017

dear deepak,

                     although i am not a lawyer but as per my konwledge which is as per indian law ,  asking for resign is illegal and if same is obtained under any duress , it can be challenged before the court of law depends upon ur nature job role i.e workman or supervisor.But please remember there should be substantial proofs that employees was forced to resign under duress ,may be phone recording or e-mails or mentioned in resignation letter being asked by employer . I mean to say you must mention in your resignation letter being asked by that manager .

                  If you refuse to resign company can termimnate you ,but that terminnation will be illegal and cyou can challenge it before the court and court will give you full relief  including reinstatement.

                 If your employer is in financially crisis ,even then it has to follow law and cannot ask employees to resign under duress.

               i hope yhis will meet your question.

             Regards

Kumar Doab (FIN)     24 November 2017

Same Query;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=156596&offset=1

P. Venu (Advocate)     25 November 2017

Even if the company is facing a financial problem, they cannot compel you to resign nor can they terminate you unilaterally. They are bound to follow the due process in such situations. 

Dr J C Vashista (Advocate)     25 November 2017

Repitition of same query is absurd, ridiculous and stupidity.

Dipak   25 November 2017

Dear mr vashista, If u dont want to involve in query you can quit.i am not asking for your suggestion.so please mind your business.

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