I am working in private company from last 8 months and also got conformation letter from the current company but now pressurized to me for resignation from the current company. I surely hope management team are planning for terminating from the company since from last 3-4 months 5 employees were terminated without any big region and only said to employees your performance is not good.
Please suggest what will legal take action on it if they are planning for termination ?
I'm in depression for this type of situation is facing and help me.
28th August 2019 From India, New Delhi
Employees cannot be terminated just like that. Even if performance issues are there laid down process has to be followed. If they compel you to resgin ask for reason and also compensation as per employment terms
28th August 2019 From India, Madras
Resignation is a voluntary act of an employee relinquishing his job on his own. As such legal as well as ethical HR practice requires that no coercion nor any compulsion to be applied by the employer to make any employee put down his/her papers for whatever reason. If the employer is convinced of the exit of an employee, particularly a confirmed employee on account of any behavioral issue, he is at liberty to do so by strictly following the rules of discipline only. In so far as termination of employment due to performance related issues is concerned, the judicial dicta laid down so far in India is that under performance or non-satisfactory performance on the part of an employee cannot be a misconduct and as such termination of employment on this score tantamounts to retrenchment as defined u/s 2(oo) of the ID Act, 1947. In this regard, the Supreme Court and various High Courts have categorically stated further that sufficient communication of the fact of non performance or under performance to the employee concerned is a must before such an action. To avoid such a complicated procedure, at times some employers resort to exercise some sort of compulsion to make the employee resign his job. As the actual reason behind such a move is known only to you, you can choose an appropriate course of action i.e whether to resign or to agitate.
28th August 2019 From India, Salem