Nathrao
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager

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My employer asked me to resign last week and accept 2 months notice pay, to which I refused. Now employer has blocked access to office premises. Meanwhile I have another offer letter with joining date after three months. Is my current employer obliged to terminate me at the end of two months? Should I wait to be terminated at the end of 2 months? Since the current employer had harassed me I want them to terminate and pay severance.
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Go to the present company and give your resignation and take 2 months notice pay.Thinking of teaching lessons to a company will only result in you learning bitter lesons.Move on and quietly pick up the next job.
Hi Nathrao,
Thanks for replying.
It's simply a matter of principle and not teaching lessons.
Asking an employee to resign in a span of 15 minutes and still expecting them to think long term do not go hand-in-hand.
If company is terminating then lets face it without judging. Terminations are part of creative destruction. Why hide such things behind forced resignation?
Dear, you have not mentioned your Designation? Present Gross Salary? It appears that, Your Service is Terminated as per Termination Clause in the Appointment Letter mutually agreed & accepted by the Employee & Employer
Hi Srinath,
Designation: Sr Software Engineer
Salary: Approx 12 lpa
Yes, termination clause is there in Employment Contract Saying 2 months notice/payment in lieu.
But, is this a valid contract under Indian Contracts Act?
Industrial Disputes Act says 3 month notice/pay + severance in case of retrenchment of a workman for establishment with 100 workers (correct me if wrong).
Not sure but I believe Sr Software Engineer comes under workman as it is not supervisory/ managerial job.
Hi Srinath,
Even if Employment Contract is a valid one, I would still ask company to terminate.
Only thing is that they are asking me to resign, to which I have refused. Company has not come back with termination letter yet.
Why lie behind forced resignation?
My question is still the same. Is my company obliged to terminate after blocking access to office premises? If so, within what period of time?
Dear Anonymous,
"It's simply a matter of principle and not teaching lessons."
My point remains same.
There is no way of fighting a battle with a company and winning .
It takes time, resources and we as employees should avoid wastage of time.
No way I say that one should not stand up for principles.It is good but the need to be practical arises.
Company practise is wrong asking for instant resignation.
Many companies do that.
Given a choice, I would fight, but in a world where jobs are scarce, legal situation expensive, time consuming and with no surety of victory in legal battle, it is not worth your time and resources.Use resources, talent to find a space somewhere else.
That is my thought process.
How many companies can one fight with as this is a common scenario of forced resignations.
Dear friend,
It is natural for you to feel 'Wronged' at the whimsical action of employer of asking you to resign and accept two months' salary. This is normal step adopted by the employer for ending service of an employee bypassing legal obligations - charge sheeting and holding of domestic enquiry etc.
Apparently you have strong case . If you are determined to fight it out , have patience and time and ability to bear any repercussions, you stay put with your action of not accepting to resign.
Most likely , company may choose to find some compromising solution on monetary terms in your favour instead of terminating your service.
Wait and watch since you already have another job in your pocket.
Good luck!
Regards,
Vinayak Nagarkar
HR- Consultant
Dear friend,
Further to my post, go on record by sending a letter giving facts like date , time and place of communication to you regarding asking you to resign. Say it was illegal as well as action of blocking your entry. You assert that you were willing to work but you were forced out for----- days and you continue to be in employment.
If required, draft the letter with the help of labour lawyer and send.
Regards,
Vinayak Nagarkar
HR- Consultant
Thanks Vinayak,
Will wait and watch to take decision with calm mind.
Regards
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