Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm
+2 Others

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Anonymous
Hello,
I have completed 9 years in an IT organization. Recently the HR told me(verbally) to resign from my job citing reasons that I am in the same band for more than 6 years. I am given two months time.
In these 9 years I have performed the role of Technical specialist, Module lead and Project lead. But the HR saying that the career band is not changed.
My question, Can the company ask me to leave the job? If I agree to leave the job, how many months of compensation I should be able to claim? Please advise
Regards

From India, Pune
Dear friend,

Your case can be looked from two angles. One is from legal and another from HR Management.

What you are asking is severance pay. You will get several pay as per the terms of appointment order. However, much depends on your negotiations skills. Since you have served for nine years, ask for nine months of severance pay. How much you get depends on your luck and let me repeat negotiations skills.

Now coming to HR Management. Discussing about severance pay apart, it appears that neither your employer nor yourself thought how to stay relevant in the ever-changing job market. Attrition rate is highest in the IT sector yet how come you had stuck to the same company for nine long years? About all, did you become Manager? If not then why? Earlier there was exhaustive discussion on the similar subject. You may click the following link to refer my replies:

https://www.citehr.com/456368-use-th...anagement.html

Lessons for HR: - Posts like this appear because of HR's failure too. It appears that they did not do Job Rotation. Neither they planned career of the long serving employee. The instance goes on to show that how HR of that MNC has no qualms in showing door to an employee who is culturally fit to the organisation. It appears that the MNC does not have "Career Development Plan" (CDP) for the employees. This is also one of the causes of employee attrition.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Hi Dinesh,
Thanks for the reply. Though there is no change in the career Band, Currenlty I am performing the Manager role. I have 25 engineers reporting to me. I am in this role for 4 years, Prior to that I was working as engineer and I had no reportees.
We have career development plan in our company. However I did not enroll to the training.
coming to the point, I had served the company for consecutive 9 years I have never been rated as low performer in the performance.
What will be the consequences If I do not resign. Can the company terminate me on the basis of my tenure and for being in the same career band. Please suggest
Regards

From India, Pune
Unfortunately in India there is no law providing for any compensation like severance pay for managerial/supervisory personnel.Hence there is no legal remedy available for you.
From India, Thiruvananthapuram
Can the employer terminate with verbal notice? can they initiate my resignation from backend without my consent? Is there any clause there in the labour law? I have got salary hike in June. So there is no performance issue neither Integraty issue. Only on tenure basis and progression basis can they terminate me?
From India, Pune
Dear Anonymous,
There is a marked difference between the terms, "termination" and "resignation." So, you can't mix-up the two terms in terms of service laws. Where resignation is voluntary in nature by the employee, termination by the employer is normally forced one on the part of the employer.
Verbal not has no validty. So, if the management has asked you to resign that is quite illegal as the management cannot force any employee to resign. The can terminate you by giving you a formal notice of termination. But, if you want to oblige the management by tendering your resignation on their asking, you would be eligible only for the terminal gratuity under the payment of gratuity act, besides the salary for the notice period. You cannot expect to get any other compensation on resignation.

From India, Delhi
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