Hope everyone is doing fine and in good health. After six years of continuous employment at a Pvt. Ltd company and earning more than 50k a month, Iím suddenly being asked to render my resignation backdated to October 31st, 2020, and start working as a vendor for three months and then rejoin next year as an employee. Nothing is in written format aside from over-the-phone conversations.
Iím in a quandary because I very well understand the repercussions after the fact. Please advise on what to do, and whether Pvt. Ltd. Company is within its rights to do so, and how much should be the notice time-period in this case from the companyís side.
Much regards

From India, Delhi
KK!HR
1079

Backdating the resignation for early relieving is an administrative practice done normally to help the employee. Now, as regards resigning now, working as vendor for three months and then rejoining, these are a matter of your personal confidence on the promisor and trust that the management enjoys. It is hard to make any guess on it.
From India, Mumbai
Hi Sarthak,

The purpose behind this strategy can be grasped to some extent. But what made them to adopt this modus operandi. This is unfair labour practice.

I could guess like this-

1. To deny you the lengthy, continuous service (however having already served for 6 yrs you have already become eligible for gratuity, so there is no escape.)

2. When you are taken back as a new employee, if at all, they can as well fix you lower of the emoluments and make you commence your 2nd innings all over again from the scratch denying seniority etc. So nothing can be guaranteed right now after your future prospects.

3. They will have freedom to fix you anywhere as per their will.

4. They are adopting this route also to avoid payment of retrenchment compensation etc if had to retrench you, instead (cunningly, if I'm right in using this word) asking you to resign. It's immaterial here how many months of NP.

We are now in Nov. what have you done since Oct.31st., are you working there as a vendor, what's your compensation package then, more or less ?

I only can suggest you weigh all options including what if they don't take you back with all protection next year. And whether they are paying for the past service. Most probably you will lose EPF contributions from now till you are taken back as employee, if at all they keep up their promise. Still Choice is yours, your circumstances only will decide on options.

Oral Promises seldom kept up.

From India, Bangalore

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