Kritarth ConsultingExtracted Resignation, in any case is Unlawful hence, infructuous/invalid.
Resignation, by its nature, is Voluntary and arising out of own will of the Employed Person as per Employment Contractual Obligations and HR Management Practioners need not indulge into such Action which are outright & patently violative.
From India, Delhi
umakanthan53I think that the questioner's concern now is the the amount of F&F settlement and its method of calculation and not the allegedly forced resignation. Normally, an employee is entitled to the following terminal benefits only on his resignation :
1) Gratuity @15days last drawn wages for every completed year of service rendered under the same employer and the wages here means only the sum total of basic and D.A. It is also important that the employee should have completed 5 years of continuous service in the establishment and the Payment of Gratuity Act, 1972 should be applicable to the establishment.
2)The unavailable no of earned leave at his credit on the date of his resignation subject to the limit prescribed in the Labour Law /leave rules applicable to the establishment. This has to be calculated on the basis of the gross salary minus any special allowance given to meet the expenses relating to the performance of his duties.
3)Proportionate Bonus under the Payment of Bonus Act 1965 if applicable.
From India, Salem