Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Nagarkar Vinayak L

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If an employee terminated by the employer without any prior notice and force to relieve immediately with notice period salary. By forcing the employee to provide the resignation letter, the employee holding senior manager position, can the employer do this. Any possibilities to claim or take legal action against the employer after a year.
From India, Dindigul
Dear Rcharchae,
Your post is too short. What exactly was the issue and why you were terminated, if you could clarify then it will help us understanding and thereby providing better solution.
As per your appointment letter, what is the notice period and did your company pay as per the notice period? Was it a performance issue and did your company issue any warning letter on poor performance?
Recently, there was discussion similar to your case. You may go through my replies (no need to go through the original post). The link is as below:
Dinesh Divekar

From India, Bangalore
I think this is an one side story from the affected employee's perspective. But, irrespective of the employment status of the employee, forced resignation is totally unprofessional and unethical as well. If proved, it would be declared as illegal by the competent Court or authority. Yet how would you prove after a lapse of one year that too when the management had accepted your apparent prospective resignation forth with by paying you notice salary from their side? Since the concerned employee belongs to the senior management cadre, it would be better for him to do dispassionate introspection as to how and where the things went wrong because at times efficiency leads to insubordination but insubordination always ends in incompetence.
From India, Salem
This is an IT division of an mfg. organization, this is an separate entity. We are providing support to the group companies those who are into manufacturing and we are having outside clients.
I was worked with the organization as senior manager from 2014, in 2017 the organization informed that they don't have sufficient orders so that they can't retain. They wan't me relieve immediately, there is no proper reason. I haven't received any prior intimation. After having long discussion they finally agreed to pay three months notice period salary and they forced me to give the resignation letter. Then only they released the notice period salary.
But the organization is running without any issue and the group companies also running, they were not wind up.

From India, Dindigul
Dear colleague,
Nothing much can be done at this stage because:
1. You resigned and accepted 3 month's salary in lieu of notice.
2. Long period has passed.
3. You were holding managerial position.
This is bit belated matter.
Vinayak Nagarkar
HR- Consultant.

From India, Mumbai
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