I am Regional Manager of a Japanese MNC – head office at Gurgaon. I have joined here 2 years back. I am confirmed employee and got good increment after my appraisal on last August 2018. Also I got my incentive in several quarters in last 2 year. I never received any mail or verbal communication from my reporting boss (GM – Sales) or HR - regarding my performance or any PIP or as such anything regarding performance. Actually I was always among top 3 performer all India basis. But our super Boss – the business head has reservation about me due to my open feedback and straight forward talk. Also there is a political tussle between GM and Business Head – and I am close to our GM (my reporting boss).
We have a clear mail communication from HR written – “Company does not fire employees. It is only based on performance level we give notice to a non-performing employee to improve upon with very specific areas of improvement”. My appointment letter it has written that employee or employer can be decided for separation with one month notice or salary in lieu of.
Now for last few months our division is on loss due to wrong strategic decisions. Now HR is transferring few employee of our division to other department. Very few employees – who are close to business head - also retained in our division. But they have not done anything for few of us – who are close the GM Sales. In this year appraisal they blocked out portal as we few can’t upload our last 2018-19 appraisal sheet. After mail on this there is no revert from HR side – although verbally HR admitted that they have blocked our online appraisal system from HR side only (I have recording of this conversation).
Now HR calling me & others - and telling to resign. They themselves admitting that it is not performance based - as we all are performer as per their own records. Also they are said there is no compliance or ethical issue. But as they decided to cut down the manpower of our division they are asking us to put down papers. When I asked for justification – they themselves saying – we ourselves has no justification. (All conversations recorded).
Now they are pressurizing that if I don’t put down my paper then they will stop my official mail id – stop my salary and even they can terminate.
I need suggestions on the legal points for these situation and what should I do now?
