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Nelsonthomas9102
Hr Executive
KK!HR
Management Consultancy

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Hi, I recently got laid off from my job due to COVID 19. I got a call from my HR informing me about the same. Although, he asked me to send him a resignation letter to my manager and CEO stating that I am resigning from the company because I got a job offer, which is completely untrue, given they are laying me off. My notice period on the offer letter is 60 days, but the HR said that I will only have to serve a month of it after I resign and that I can leave as early as possible if I'd like. I talked to my HR verbally asking if the notice period can be extended, and he said he will have to talk to the management about it, but he can't assure me anything.
I really don't want to resign, because it will be really bad for my future jobs, and unemployment by choice is not something I want to market.
I feel like this is invalid and unacceptable. I would love to get some input on this.
Thanks in advance.

From India, Hyderabad
Dear all senior's ,
I am Maroti Sawandkar , From Aurangabad Maharashtra , i required an guidance on gratuity claiming , in my case I have left my previously employer in Feb 2014 and had worked there for 4 years 9 month's and due some personal problems of health i had to resign my job and at then I was not aware about the employee claims and settlements to get so I had not claims my gratuity and not having pention funds UAN too so shall i get now ?
Gratuity amount ?
If yes how ??
UAN number to get ??
Please guide

From India, Pune
Hi Throwaway763,
As a result of slowdown in economic/commercial activities resulted due to Covid pandemic all over world we come across lay off, retrenchments across many sectors. Instances like yours also heard of many all over the country. Orally pressing employees to put down papers also not uncommon. It's possible that employer might initiate retrenchment if those employees not willing to resign. I'm not trying to frighten you. But choice is yours. You have to decide considering various options and your future prospects.

From India, Bangalore
Hello Marotisawandkar,

You are trying to mix up both EPF, EPS Pension & Gratuity which are different settlements. You have to say clearly whether you got your EPF Settlement or not. What's your age when you resigned & now. How many years of qualifying service in your Co. & EPF/EPS a/cs.? Can you confirm whether you transferred or got it settled.?

Secondly, why you did not file your claim forms for gratuity payment. May be you didn't have an idea about gratuity eligibility norms at the time when you resigned.

In the circumstances, after such a long gap of more than 6 years I cannot say anything now. However it's better to go over to your erstwhile office without anymore delay, with your service papers and check with them what is the position about your settlements. If you have not received EPF settlment there is a possibility to trace and find out the position if you have atleast ref./EPF A/c No. given to you at the time of resignation. Otherwise only your office can help you in this situation.

From India, Bangalore
Hi Throwaway-763,
You do not have to resign if you do not want to. It is evident here that the company does not have any valid reason for a legal layoff and that is why they want you to submit your resignation letter stating that you have received another job offer.
Once you inform them that you would not be resigning, their next step would be to create a process of constructive discharge, where they would always be on the look out for faults in your process and how to make you feel dejected and isolated in the company, so that eventually you leave on your own.
This cannot be avoided, but by not resigning now, you actually buy yourself some paid time to look for another job in another company. In order to make yourself a protected employee, you can e-mail the HR and your manager , keeping your non-company e-mail ID in cc, and tell them that you do not want to resign on the grounds of receiving another offer, which you have not received.
This e-mail serves as a record, where in future if any other problem is created regarding you or your work, the e-mail discussion can serve as a trail of evidence of motive by the company to exit you and thus have this mail chain used in your support.

From India, Bengaluru
Mr Throwaway,

Apart from the sympathy factor and feeling enraged at the inhumane treatment meted out to you, let it be understood that for employees other than the workmen category, the only protection they have is the service tenure for the notice period. The employment contract provides for a notice period, in your case it appears two months, both the employer and employee can terminate the services by following the notice period. The employer says you resign and we will relieve you in one month as though it is favouring you. In case you persist in not resigning, they can give you notice and either allow you to work for two months or pay you salary in lieu thereof. Your request for extending the period of notice may not be agreed as it is violative of the notice period clause.

If you fall in the workman category you can challenge the termination as per ID Act 1947 . In other cases you can seek compensation.

From India, Mumbai
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