Dear All,
I was working in a limited company as a Asst. Mgr. from around 04 years. On 23rd Sept-2013 at around 11.40 AM, HR dept called & obtained my resignation by pressuring me. They also took my punching card from me by punching out the card at around 12.15 PM. Also they did not bothered to say that my resignation was accepted or not. While in appointment letter i have to work for 01 month after giving resignation.
Then after a week i decided to take the matter to Labour court & sent a legal notice to the company for obtaining Forcefull Resignation. Now the company is ready to give me some monetery compensation.
So please guide me as to how shall i negotiate with the company? How much compensation the company can give me?
Thanks & regards,
sjm.nsk
From India, Nasik
I was working in a limited company as a Asst. Mgr. from around 04 years. On 23rd Sept-2013 at around 11.40 AM, HR dept called & obtained my resignation by pressuring me. They also took my punching card from me by punching out the card at around 12.15 PM. Also they did not bothered to say that my resignation was accepted or not. While in appointment letter i have to work for 01 month after giving resignation.
Then after a week i decided to take the matter to Labour court & sent a legal notice to the company for obtaining Forcefull Resignation. Now the company is ready to give me some monetery compensation.
So please guide me as to how shall i negotiate with the company? How much compensation the company can give me?
Thanks & regards,
sjm.nsk
From India, Nasik
Since the Company has extended an offer for amicable solution, a notice pay of 3 months (regular being one month) base pay, by way of ex gratia and
a good conduct/relieving letter would be a fair proposal.
Vasudevan
From India, Mumbai
5a good conduct/relieving letter would be a fair proposal.
Vasudevan
From India, Mumbai
yes i agree with Mr vasudebvan .. bedause if u join back forcefully then also can even remove with proper evidence and proof then it will be a bad remark for u feature. so . regs srihari
From India, Hyderabad
From India, Hyderabad
Dear sjm.nsk,
This is in addition to what Vasudevan has said. In your claim ask for the reimbursement of lawyer's charges as well. If they agree well and good otherwise you may have to forego these charges.
Ok...
Dinesh V Divekar
From India, Bangalore
This is in addition to what Vasudevan has said. In your claim ask for the reimbursement of lawyer's charges as well. If they agree well and good otherwise you may have to forego these charges.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear Guidance Seeker
Your Query: How shall i negotiate with the company & How much compensation the company can give me in the circumstances stated by you when the said Co received a Notice from a Labor Court for ...." seeking forced Resignation Letter?
Position: Honestly your Contention was ... " give either 1 Month Notice or 1 Month's Pay in lieu of the Notice and accordingly what is legitimately due to you is Pay in lieu of Notice as the Resignation Letter is now deemed by the Com as null & void. Where is the case for negotiation for a Wrong committed by the Co/Employer/Management? Can the wrongdoing by one ends with another wrongdoing.
Moving to the Court was your intent and you knew beforehand the expenditure entailed. Important Point is How in the first place an Employee obliges other in this case the HR Dept Personnel by writing and or signing his Resignation Letter. Resignation is tendered, conveyed by the Person of his/her own volition.
Did you address / send a Letter / an Application stating how someone forced / coerced you - another employee to write a Text under duress which you disown and protested?
The Court would want to record the reason -while disposing the Case lodged by you - of withdrawing your Petition/ Plaint or submission. Be ready for that at it were. Let scruple prevail
Kritarth Consulting
25/11/13, 11.50 a.m.
From India, Delhi
Your Query: How shall i negotiate with the company & How much compensation the company can give me in the circumstances stated by you when the said Co received a Notice from a Labor Court for ...." seeking forced Resignation Letter?
Position: Honestly your Contention was ... " give either 1 Month Notice or 1 Month's Pay in lieu of the Notice and accordingly what is legitimately due to you is Pay in lieu of Notice as the Resignation Letter is now deemed by the Com as null & void. Where is the case for negotiation for a Wrong committed by the Co/Employer/Management? Can the wrongdoing by one ends with another wrongdoing.
Moving to the Court was your intent and you knew beforehand the expenditure entailed. Important Point is How in the first place an Employee obliges other in this case the HR Dept Personnel by writing and or signing his Resignation Letter. Resignation is tendered, conveyed by the Person of his/her own volition.
Did you address / send a Letter / an Application stating how someone forced / coerced you - another employee to write a Text under duress which you disown and protested?
The Court would want to record the reason -while disposing the Case lodged by you - of withdrawing your Petition/ Plaint or submission. Be ready for that at it were. Let scruple prevail
Kritarth Consulting
25/11/13, 11.50 a.m.
From India, Delhi
Dear Sir,
I have some points wereby i can prove that i was forced to resign, thats why i sent the company legal notice. If i had resigned by my own, as per appointment letter i have to work for one month, but they didnot allow me do that. after getting the resign letter, they immediately forced me to punch my card out at 12.15 PM & also took away my punching card.
From India, Nasik
I have some points wereby i can prove that i was forced to resign, thats why i sent the company legal notice. If i had resigned by my own, as per appointment letter i have to work for one month, but they didnot allow me do that. after getting the resign letter, they immediately forced me to punch my card out at 12.15 PM & also took away my punching card.
From India, Nasik
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Forced Ranking.pdf
Resign.txt