Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants

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Anonymous
I was working with XXX home finannce india limited my department head and regional head forced for resignation without any performace issue and intergrity issue, i was inform to hr head they are not ready withrowal my resignation. Curenetly i am facing problem lockdown covid 19 i am in mumbai staying on rent with more obligation . Please suggest how i can filed legal case against company.
From India, Pune
Immediately file a complaint against the management for forcing/coercing you to resign your job during lock down with the local labor office.
From India, Salem
Submitting or Tendering Resignation by an Employed Person is Purely Voluntary Act and as a corollary any Involuntary Act or Force applied by anyone -Superior or Subordinate or others -- is Outright Unlawful, Arbitrary, UnFair, Unjust and Improper and Must be opposed/Contested. Besides Filing a Complaint before the Labour Dept, the Aggrieved may take up the Complaint with Legal Forums.

Moreover, after you were forced to Submit Resignation Application / Letter , did you thereafter Submit your Resignation Withdrawal Application /Letter till the Date your Resignation was processed/ Put through by your Employer ??? Applying for Withrawal / No Action on your earlier Resignation Letter, was your Right and yourEmployer had No Priviledge or Right to disagree.

Kritarth Team,

Bengaluru Service Delivery Centre,

27.4.20

From India, Delhi
Hello Sir,

I am working in the market research company. When I joined this company I was Doing calling Survey Job as a telecaller hence after the Company has moved me to another responsible department as a Data Analyst as seeing my performance and sincerity. Now in this Lock down period my company decided to cut down the salary, Smartly, they asked for us to resign from the job after that they will give me a new joining letter with the revised salary. Or 2nd option they told me to give them a consent letter stating that I have no problem with the deducted salary as per company norms and there will be no repay guarantee of deducted amount in future. I denied both the option as I am already working from home for them with extra work given by them so I can't accept this offer moreover, I think at this time they should support me for all my hard work given to company as cutting down my salary will have a huge impact my life. Now my company planning to punish me and want me to de-promote and want me again to do the calling job which I almost left one and half year ago as part of the revenge.

What should I do? What is your suggestion?

Thank you,

From India, Bangalore
Dear Darshan,
Salary Cut with the consent of the employees or depromotion as an alternative is only a proposal by the management. Thus the cause of action has not arisen for you to fight it.
In unexpected precarious circumstances like the present universal lock down, the likelihood of its long-lasting adverse impacts compel employers to go in for salary cuts or retrenchment. It has to be viewed as a matter of expediency not based on any ethical perspective.
But certainly I would share your concern that the proposed alternative of your depromotion is neither legal nor moral.
When it happens, in my opinion, the option before you would be either to fight or flight.

From India, Salem
Thanks a lot For reply.
There are only Number of employees who refused to give anything in email ( Out of 100+) I am one of them who is not agreeing upon their harsh condition.
And that's the reason they are taking the advantage of the situation. Can I defend upon this that why only me who have good performance overall in my department they want me to de-promote.
Is this valid to do as an employer?
As I can see the next thing they want is to penalize me /Punish me because I am not supporting their decision of agreeing upon to work on reduce salary .
What are the defending option?
Thanks.

From India, Bangalore
Do not resign at any cost, let your employer terminate you. As suggested immediately file a complaint against the management for forcing/coercing you to resign your job during lock down with the local labor office, Collector and do not hesitate the mark copy to the Chief justice, Mumbai.
From India, Mumbai
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