Can Employer force me to resign?

Hi,
Our company is rebadged to another company. Hence they asked few employees to move to new company. But i did not accept the offer to move. So employer is forcing me to resign without any compensation.Still company exists with few other divisions.

Can any employer force me to resign with notice period while rebadging?
I have heard that all rebadged employees are to be given a seperation pay and they say I am not eligible for the same, I feel I am also eligible for the same, Am I right? If yes, are there any legal provisions that entitle me to have the same benefits?

-vsr

Subhav,
If you are a confirmed employee then U can only request for getting accomodating in another division depending on your capabilites. In case it doesn't take place U can ask for the ERS as the better option other wise resign with notice period package
Ajay Dua

The provisions of Industrial Disputes Act are applicable only to workmen or employees who are not under managerial capacity. Therefore, if you have been doing managerial job, you will not find remedy under labour laws. Since you have been offered alternative employment, the decision of management may be maintained subject to other factors like your terms of appointment, years of service etc. Now, an employer is not expected to demand resignation of employee. That will be viewed as unfair practice. But, did they demand your resignation in writing? I presume "No". So, there is no legal validity for your statement that employer is forcing you to resign. However, if you could prove any attempt of employer which is unfair, you can challenge it.

Regards,

Madhu.T.K

Hi Subhav

It appears to me as if your company is either merging or taken over by another company and hence being rebadged. It is quite common for the management to consult with employees on the new terms and conditions due to such changes in central managment. Under such circumstances if an employee is refusing for the transfer it is automatically implied that they are resigning with immediate effect (either with or without notice depending on your existing terms and conditions) which is why your existing managment is asking you to put in your papers. Nevertheless, as long as you bind by the terms of your existing contract the company has to pay you in line with your contract otherwise it's a clear breach your contract. Please make sure you ahve checked all the relevant company policies.

The important thing here is for you to find out your (employee's) protection of their terms and conditions in such transfers.

The separation pay between your colleagues and yourself ieems to be odd. Have your colleagues also rejected to be rebadged(transferred) and still getting the separation pay?


Happy to consider your comments.

HR Practitioner.