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Anonymous
Since last 5 months i had been working with a company in Gurgaon as a technical support officer.

Yesterday all of a sudden my manager called me and one more employee in the end of the shift and asked us to resign as they no longer required our services.

we had an idea because there was an order from the management to reduce the number of employees as there were less calls since last 5 days but the reason that they gave us was really crazy.

They said they were not happy with my conduct in the office and they were asking me to leave because i took a 10 days leave for my examinations The leaves were approved by the managers. we were told about these leaves at the time of joining the company during the induction session.

I haven't send the resignation yet because i told them that all the proceedings should be performed at their end and not by me because it was them who was asking me to live.

But i was told if i do not sent them a resignation through email then i would be terminated and won't get any experience letter or F&F.

Please suggest me what to do as there are hundreds of quetions flooding through my mind like approaching the labour court , doing what they are asking me to do or refuse to resign.......?

From India, New Delhi
riteshmaity
243

A service of an employee cannot be terminated on the whims of the employee. If charges are levelled against you then the company needs to prove such charges by holding domestic enquiry.
You have right asked your employer to take steps as they will be in more trouble if they terminate you rather than you resigning yourself.
However, since your period of service is very short (5 months), you will not be entitled to huge full and final settlement.
It is now a premature stage to approach court. First the company has to take a step and then only you can seek guidance for approaching labour court.
Check www.labourlawhub.com for more information on labour laws in India.

From India, Kolkata
nathrao
3131

One can move on or take a stand.
Termination is to be done following laid down procedure-no whims and fancies-That is what law says.
But in reality how many will take a stand and go to Labour officer,court etc and spend his/her time.
Laws exist on paper but only when people follow them does it work.Here manager is bold because he knows very few have capacity and time to proceeding legal manner.

From India, Pune
bvsrdy
1

Before approaching to labor court, My suggestion is to go thoroughly to your appointment letter regarding the clauses of termination
From India, Hyderabad
subhashish.datta@gmail.com
1

Hi,
If your employer terminates your services than they have to pay according to their separation policy (kindly go through your Appointment Letter to know further), but Termination is a black spot in your resume which will effect your future hence talk to your boss politely & ask him to give you serve the notice period or payment in lieu of that (as per your company's HR policy). If your boss is adamant to take on the spot Resign than the best you can do is to draft an official mail to your boss, copy all your seniors & mention the situation in the mail ans ask the chance to either serve the notice period or payment in lieu of that as its a management decision & not yours.

From India, Delhi
sneha joshi
32

Dear There,
I can understand your situation.
It is unethical behaviour of your employer. In this situation you can do two things:
1. Check your offer letter and appointment letter and read the clause of Notice Period.
2. They are right in this kind of situation you should mail them for Resignation before they mail you for Termination. Resignation is far better than Termination.
Don't worry about what your next company will ask. Just be honest that it was a layoff so I want to leave a company.
Find a clause for serving notice period and request employer to give you few days.
I'm sure he will get ready.

From India, Pune
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