Umakanthan53
Labour Law & Hr Consultant

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Dear All, One of my Friend has been asked to leave immediately. Company reducing cost as he is from travel industry and company facing loss. It is an MNC and as per the verbal information given to him, it is happening across nation offices. He has not been given any written communication for same. However, his ID's are blocked and they cannot work on official e-mails. Upon asking for written communication, they have been advised to fill Exit Survey, ( available on cloud based app), they can fill in all details/ Questions.
Q1. Can company legally do this? The notice period says 90 days basic salary ( both side) if leaving without notice.
Q2. Can he do all communication via personal ID and claim his 90 days basic salary?
Q3. Filling up Exit interview will mean that they accepted to leave the job. Is this right step?
Thanks in Advance.

Dear Navita,
1) The employer cannot violate the notice conditions if he wants to jettison the employee by employing indirect pressure tactics mentioned in the post. Strictly speaking it tantamounts to constructive dismissal which is certainly illegal.
2) Let the employee write a detailed letter of grievance setting forth everything including blockade of his mail ID AND send it by registered post. He can also mention clearly his willingness for exit if the employer/management comes forward to foreclose the contract of employment formally at their own discretion by observing the already stipulated notice conditions.
3)Unless and until formal intimation of the management's decision on the above line, let not the employee attend the exit interview.

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