Umakanthan53
Labour Law & Hr Consultant
Newheights
Service
KK!HR
Management Consultancy

Hi Professionals, Need your advice on the following. The employer is asking to resign an employee on the basis of 3 month's notice period. Employee's tenure is 30 years and the salary is approx 18 LPA. Please guide whether an employee should resign or some legal remedy is available. Designation - Manager and no one is reporting to him. Additionally, no financial authority is being exercised. Work Location: Punjab. Industry .. manufacturing.
Request an immediate response, please.
Thanks & Regards,

From India, Chandigarh
Though he is carrying the job title of being Manager, from the little description given it appears like he is 'workman', hence the protection given in the labour laws (say Industrial Disputes Act 1947) is available. So it won't be advisable to resign from service, instead if the employer terminates the service then raise a dispute and go for adjudication as provided under the ID Act.
From India, Mumbai
Dear Newheights,

What you have stated to make an impression that your job simply partakes the character of " workman " as defined under the IDA,1947 is your own version and can be repudiated on the other parameters of a supervisor or of a manager.

Though conceptually it is true that mere designation or quantum of salary cannot be decisive factor to decide the nature of an employee's job, It is equally important to prove that at an annual salary of Rs.18 lakh, you have been discharging the duties of ONLY manual or unskilled or skilled or technical or operational or clerical work that too for 30 years in the same industrial establishment.

Under the modern management concept, the inevitable feature of specialisation takes away the vesting of conventional integration of all managerial powers and functions upon a single position of authority. If there is a notice clause for mutual separation in the contract of employment, the employer can enforce it on proper grounds of reason.

May be to avoid an ignominious and forced exit, you might have been asked to put down the papers on your own.

Therefore, outsiders like us need more details of your original contract of employment, your educational qualification,the functions discharged by you in the organization so far, your previous experience etc.

From India, Salem
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