Can employer ask employee to resign voluntarily with immediate effect.
If employee fails to submit resignation letter voluntarily with immediate effect, what employer can do.
If employee request employer to follow THE INDUSTRIAL DISPUTES ACT, 1947, Section 25F [Conditions precedent to retrenchment of workmen], Should employer follow THE INDUSTRIAL DISPUTES ACT, 1947, Section 25F [Conditions precedent to retrenchment of workmen].
25-F. Conditions precedent to retrenchment of workmen
No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,
(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice:
159[* * *]
(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 160[for every completed year of continuous service] or any part thereof more than six months; and
(c) notice in the prescribed manner is served on the appropriate Government 161[or such authority as may be specified by the appropriate Government by notification in the Official Gazette].
From India, Hyderabad
Can you, please, explain the reason that prompted the employer to ask the employee to resign?
Besides, before choosing the option of retrenchment, it would be better for you to carefully analyze the definition of the term " retrenchment" u/s 2(oo) and the opening parts of Chapters V-A and V-B relating to their applicability.
Would you please revert back?
From India, Salem