My friend is working in a very renowned corporate of india.Three months back he has been asked verbally informed by his seniors "that you have 3 months time to search for the job and leave the company."At present he is facing pressure from his senior to resign or company will terminate him.Total 40-50 people are asked to do so.moreover a simple bond has been signed of by him on letter head that if he will resign/terminate before due date of oct 2009 he has to pay back the whole amount.Company is threating him tht\at he should resign otherwise they will terminate him and will do the recovery.
No written notice is given to him for resigning and on being asked in writing the company is refusing to give the same.
i need your help that what shall he and his friends should do.
From India, Bhopal
No written notice is given to him for resigning and on being asked in writing the company is refusing to give the same.
i need your help that what shall he and his friends should do.
From India, Bhopal
Being an employer the company has the right to terminate the employees after complying with various provisions of the Industrial Disputes Act. On the other hand, termination without following the provisions, such as seeking prior permission from the government, issuing (written) notice to the employees etc, will be treated as illegal.
In your case, no written communication has been issued but only verbal communication by your 'seniors' is there. Subsequent act of demanding resignation is the outcome of fear of the above said provisions (Section 25 F in the case of companies having 100 employees and 25 N in the case of companies having more than 100 employees)of ID Act. This should be treated as mass retrenchment as well.
If you are ready to fight you can approach the Labour Officer of the locality for conciliation. In the meanwhile take an interim injunction from the court. If the labour department interferes you can get time and certainly any compensation for retrenchment.
If you donot want to take the matter out, then you can have a direct talk with your employer and explain the matter in full. You need not take the words of your seniors in merit. The things may be in a different shape at top level. Therefore, collect full information of the case, whether there is any move for retrenchment, whether you will be given retrenchment compensation, whether government has approved the retrenchment etc etc. Then decide to file a petition against the company.
Regards,
Madhu.T.K
From India, Kannur
4193In your case, no written communication has been issued but only verbal communication by your 'seniors' is there. Subsequent act of demanding resignation is the outcome of fear of the above said provisions (Section 25 F in the case of companies having 100 employees and 25 N in the case of companies having more than 100 employees)of ID Act. This should be treated as mass retrenchment as well.
If you are ready to fight you can approach the Labour Officer of the locality for conciliation. In the meanwhile take an interim injunction from the court. If the labour department interferes you can get time and certainly any compensation for retrenchment.
If you donot want to take the matter out, then you can have a direct talk with your employer and explain the matter in full. You need not take the words of your seniors in merit. The things may be in a different shape at top level. Therefore, collect full information of the case, whether there is any move for retrenchment, whether you will be given retrenchment compensation, whether government has approved the retrenchment etc etc. Then decide to file a petition against the company.
Regards,
Madhu.T.K
From India, Kannur
DEAR pL CLARIFY ARE YOU WORKMAN UNDER THE INDUSTRIAL DISPUTES ACT OR GIVE COMPLETE DETAILS ABOUT YOUR NATURE OF JOB OR INFORM WHETHER YOU ARE PERFORMING SUPERVISORY NATURE DUTIES AK MALHOTRA
From India, Guwahati
From India, Guwahati
Dear Madhu sir, Why generally companies ask employee to resign insted of terminating him/her.Pls hightlightthe legal aspect of this. Regards, Ashish
From India, Delhi
From India, Delhi
It is very simple. Termination is a step or initiative from the employer and it is to be done following certain formalities mentioned in the Industrial Disputes Act or the Standing Orders of the company. Simply, before terminating an employee, he should be given notice of the intention of the company to terminate him with reasons thereof. Termination for misconduct requires service of charge sheet and conduct of domestic enquiry etc. A terminated employee should be paid compensation as prescribed under the ID Act. On the other hand, resignation is purely on the will of the employee concerned and as such no such legal formalities are involved in it.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
I was employed an an HR executive in Globus pvt limited. I was being totally humiliated and harassed by the General manager of Human Resources. Due to the general manager's psychological imbalance and pressure of handling HR, Admin and IT dept, he tends to forget things and used to put a false blame on me regarding the work is not complete. I took this matter to the CEO a well but nothing worked out. As this General manager of Human Resources issue a termination letter. Could any one let em know how can i take this matter to the legal authority or to any employment protection act ?
From India, Mumbai
From India, Mumbai
I was employed an an HR executive in Globus pvt limited. I was being totally humiliated and harassed by the General manager of Human Resources. Due to the general manager's psychological imbalance and pressure of handling HR, Admin and IT dept, he tends to forget things and used to put a false blame on me regarding the work is not complete. I took this matter to the CEO a well but nothing worked out. As this General manager of Human Resources issue a termination letter. Could any one let em know how can i take this matter to the legal authority or to any employment protection act ?[/QUOTE]
From India, Mumbai
From India, Mumbai
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc