Essykkr
Statutory Complaince/labour & Employment
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
+4 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi seniors

This is strange incident which happened in our company some of us were called to the head office for a meeting and when we reached there we were told to put our papers saying that the role was getting removed and there is an organizational restructuring happening also the company wasn't making enough profits,they said we would all be absorbed in other departments once we give the resignation letter and they convinced us that everyone gives the letter before leaving that room that day .. we were frightened and disappointed and gave the papers saying that we were resigning due to personal reasons and our last date was that particular month they promised to give a new departmental change and 3 months salary but now when we contact the HR and other bosses they just ignore our calls and we have not got any of our entitlements

pls advice as to what can be done we r all in real despair and struck as we dont know how to go forward pls advice . can we file a complaint in the labor website to the hon minister

rgds

Hello badkones,
Goes without saying that your company, in a Best-case-scenario, took advantage of the current company's situation to ease-out the employees ['company wasn't making enough profits'] OR in a Worst-case-scenario, outright lied with it's employees [for whatever reasons]. In the former situation, they could have told the truth--IF the profits were indeed bad.
Such situations are usually common in IT sector, mainly during the recession--called lay-offs.
Before you move to any next step, suggest do your groundwork well. Since you were informed that there weren't any profits [which is different from 'the company is doing badly'], check out how much of this premise is true. And also, whatever has been informed at the meeting--basically check the veracity of what's been said.
Only then can you plan & decide what should be done next & to what extent you guys can go.
All the Best.
Rgds,
TS

Dear Ts

Thanks for the reply its not an IT company its a financial services company (just one small company within a giant group )

some thing taken from its website its Headquartered in Chennai, the Rs. 22314 crores (USD 4.4 billion as on March 31, 2012) Group is one of India's leading business conglomerates. Market leaders in diverse areas of business including Engineering, Abrasives, Finance, General Insurance, Cycles, Sugar, Farm Inputs, Fertilizers, Plantations, Bio-products and Nutraceuticals, its 28 businesses have manufacturing facilities spread across 13 states in India. The organization fosters an environment of professionalism and has a workforce of over 32,000 employees.

I am not against the company as its a wonderful company with a clear vision and values but only few individuals who have joined as the head of this company are doing it ,i am damn sure that the board members are not aware of all these stupid issues ... the so called head who has joined has to protect his face by showing some profits by reducing some people and there by increasing profits (its a temporary technique wrong way as its bad for the company in the long run ) and he says the model was built wrong and that's why he was laying off people in all levels to make profits ...

sir can anything be done in the labor court or are there any other better places where employees can get justice, all of them are permanent employees who were instrumental in setting up the base for the company ,also most of them are above 1year plus in the company (company formed only just one year back into massive scaling model ) pls help as we have no other place to go ..it involves families of 100s of people

It amount to retrenchment as per the Provisions of Industrial Dispute Act 1947, if you are in category of workmen. However but you have submitted your resignation by your own, so it would be difficult to prove the same. if you have proof that you have been called to head office and asked to resign, then you can file a claim for the same.
still it amount to forceful resignation, if you could provide the proof of asking so.
Please speak to your HR department, if not will be hear then send a demand notice for the same.
regards

dear essykkr
Thanks for the reply
i and all my fellow mates can tell it and can it be taken as a proof against the company ,also can i write a mail to the hon labor minister bringing this to his notice will it help solve the issue also can i write a letter to the group chairman and MD regarding this incident will it affect my relieving letter

Hello badkones,

My suggestion would be this--howsoever one may hate to follow it.

Be realistic--what's your priority now? To get another job ASAP or to spend your valuable time & money trying to fight it out? I am sure it would be a tough choice--but I would suggest you think from the head rather than the heart [being emotional] in such situations.

Whatever has been committed [3 months salary, etc] would have been done orally--NOT in-writing--I presume. So even if you go the legal way, the company can always deny having committed. Moreover, you mention that the company is a large one--meaning they have the means to hire costly advocates. As employees, would you be able to handle the expenses involved [given that cases go on for years in India]?

While one can empathize with the situation, we also need to understand that this is one of the down-side factors of globalization. In general, however much we do BCs about the company BEFORE joining, this could always be an issue with IT & Financial sector companies or more precisely Services Companies [in relative terms i.e. w.r.t. manufacturing companies]--given that there would quite often be a lot of imponderables in these domains, over which individual companies may not have a lot of control. One of the primary reasons for the relatively high salaries in these sectors is this aspect.

All the best.

Rgds,

TS

As a layman, I am rather surprised at the naivity of some people in submitting the resignation without thinking of the consequences. If the company gets rid of people then they have to pay as per the contract of employment. And if individuals resign then they are liable to serve their notice period and are liable to pay compensation.
As rightly advised by TS, try to find a job and get out without paying compensation if you can.

Hi,
All commitments made were oral and had no value. Resignations have been submitted for personal reasons and are voluntary in nature.
Hence, please pin no hope on the contest and look foward to another job. Let the current situation prove to be good experience for future.
Regards
S.K.Johri

Dear badkones:
My personal opinion is also to ready yourself to get another job. Then try to get all the person signed that day, ready a application (signed by all) for consideration (payment/job in another project) to the board of directors. Wait for 07 days and just forget all these things. And please attend interviews without telling them past events if interviewers ask the cause for your leaving, because this sort of incidents create confusion at interview time.
BR
mashuk

Hello badkones
You should 'move on' and think of this as an opportunity of doing something different... where your interest is or something that you would love to do. May be its a hobby that can take a different shape or enhance your competencies or add to your professional qualifications. The more you might think of the 'past' the more will it haunt you, you just forget about it and FOCUS on Whats next and What you doing about it today.. take your time, create a plan and GO FOR IT!!
Cheers and Good Luck!


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™