Bharat Gera
Principal Hr Consultant
Riteshmaity
Labour Law Advocate
Suresh2511
Labour Consultant
LastDragonBujju
It Employee

Thread Started by #LastDragonBujju

The problem is Iím in bench from a year, they didnít give me any kind of project to work on yet now and they gave me the worst rating this year.
Since Iím in bench, I donít deserve that worst rating. There were no chances to portray my potential.
Now the HR in this company is forcing me to resign.
What should I do now? Can I take any legal action for keeping me idle from one year?
Without any project experience I canít even find a new job.
Please help!!
10th March 2017 From India, Bengaluru
Your HR/ company cannot ask you to resign. In law, there is no scope of "ask to resign" and it amounts to illegal termination which you can challenge in court.
Even if you remain idle or not, you will be entitled to salary.
Whether you want to remain idle and enjoy the salary or not is entirely your decisions.
You cannot take any legal action against your company if they keep you idle provided that your salaries and other dues are properly paid.
10th March 2017 From India, Kolkata
What went wrong that you were not given any project for one full year, have you tried to find out and check the possibilities to rectify/modify if any drawbacks, instead you kept silent and enjoyed sitting idle. Now since you got worst rating and your HR wants you to resign you would like to go legal. Instead of finding faults and going legal check the probabilities, where you can be retained and get projects too.

If a company wants to terminate any employee there are means to do so, even going legal do you think it will fetch any help in the longer run, since you have already of the opinion that it could be difficult for you to find a job without project experience. You may win the case but then also they will keep you idle for a year more and demote you without any salary hike.

It is advisable instead of going against any company please concentrate on the career and retain your job with full of projects. Be an asset to the company instead of a liability. Sorry to state harsh words, but most of the employees think from their point of view only and would never check the pain amount invested on each and every employee. Wish you all the best.
11th March 2017 From India, Ahmadabad
Dear Saji,
I fully agree and appreciate your contents. You have rightly described the attitude of employees, who always thinks for themselves and never bothered about the employers who have to struggle lots to get projects and run the business.
Regds,
Suresh
11th March 2017 From India, Thane
Your HR/ company cannot ask you to resign. In law, there is no scope of "ask to resign" and it amounts to illegal termination which you can challenge in court.
Even if you remain idle or not, you will be entitled to salary.
Whether you want to remain idle and enjoy the salary or not is entirely your decisions.
You cannot take any legal action against your company if they keep you idle provided that your salaries and other dues are properly paid.
11th March 2017 From India, Visakhapatnam
You have not mentioned anything about the payment. Are they making any amount of payment on monthly basis for keeping you on the bench. Although you have not mentioned the type of industry you are, but from your narrative I am presuming that you are on the bench of some IT company.
You have also not mentioned any details of your offer/appointment order. You have also not mentioned the position for which you were hired.
For giving you appropriate opinion these details are important. Please mention the details also.
22nd March 2017 From India, Thane
#Anonymous
I have worked for a BPO company more than 14 mnths I got a good job and I was asked to join the company immediatel. So I did inform my TL and he said to serve the notice period. But I couldn't serve the notice period. But now they are refusing to release my 1 mnth salary and even experience certificate and releaving letter.can I file a case on the co?
28th March 2017 From India, undefined
If there was a notice period in your appointment letter then you are supposed to serve the notice period or to pay in lieu thereof but you did not serve notice period (and assume that you did not even pay the notice pay to the company). Hence, I believe that your employer has adjusted the notice pay with your last month's salary. Prima facie, you are at fault. However, you may file a case too but cannot say how fruitful it will be.
29th March 2017 From India, Kolkata
It is not advisable to go legal as it will take its due course of time for judgement, hence you should meet the ex employer and sort out the problem amicably and get your experience/relieving letter.
29th March 2017 From India, Ahmadabad
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