Umakanthan53
Labour Law & Hr Consultant

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Dear All, Please suggest - We have been forced by the company to resign as our process has been rolled back. During this COVID 19 time when there is a high rate of Unemployment Can we ask the company to give us compensation as nothing is in written, only verbally informing to resign, so that only two months notice pay as per the appointment letter will be given. Please help us in finding remedies in terms of monetary benefits. What is the difference between Termination (benefits) vs Resignation (benefits)?
From India
Dear Madhu,
The term "resignation" implies voluntariness and in the realm of employment, it is the voluntary act of unilateral termination of the contract of employment by the employee subject to the notice conditions,if any stipulated already. In law and philosophy, voluntariness is a choice made of a person's freewill as opposed to being made as the result of coercion and duress. Therefore, if an employee is coerced to resign by the employer, it amounts to constructive dismissal which can be agitated against by the affected employee in the appropriate forum.
As it is, in case of resignation, the resignee is not entitled to any notice salary but on the contrary, only he is required to serve the notice period or to pay some amount to the employer in lieu of such notice so stipulated in the employment contract. In this back drop, the 2 months notice salary offered orally by the employer may be the compensation to persuade the selected employees to resign forth with. If the employer fails to keep up his words later, the resignees have no locus standi to claim it.
If the desired exit is based on genuine reasons and the employees actually don't like to precipitate the issue, alternatively they can ask for retrenchment and payment of retrenchment compensation u/s 25-F of the IDA,1947 if they happen to be " workman" u/s 2(s) of the Act or notice pay for unilateral foreclosure of the contract of employment by the employer in any other case of employee status.
Resignation, per se, does not entitle the resignee to any compensation or terminal benefit other than encashment of EL at credit, statutory gratuity if eligible and other payments like incentives/bonus pertaining to the past service.

From India, Salem
Anonymous
Thank you so much sir for the clarity.
May I request to kindly suggest me, can we take a stand that we will not resign at this time when job market is not stable?? management is saying that they will take legal action against us, and we will not get anything.

From India
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