Can an Employer Force a Resignation Without Grounds? Seeking Advice on a Friend's Situation

Hello!

One of my friends working with an MNC (hitech industry) has been asked to resign. Failure to do so, his immediate superior threatened to "Terminate" his services (the immediate superior refused to state the same in writing). As a pressurization tactic, they even held his salary for some time. Later on, they credited the salary, but his online payslip shows the malicious value/figure. According to my friend, they don't have any basis to terminate him, and the contract asks for 3 months' notice, which they are refusing to respect. Still, he has not received the payslip.

Due to the recession, the job market scenario is also not encouraging.

Please guide on what he should do. Can an organization forcefully ask an employee to resign because they don't have any basis for termination?

Hi,

Immediately take shelter with the Assistant or the Dy. Commissioner of Labour in your zone. Lodge a complaint against the present employer and inform them about the harassment and threats directed towards your friend. Subsequently, file a case in the labor court. You will receive complete justice, including all back wages and statutory payments owed by the employer up to the date of the court's verdict. Do not worry; we live in a civilized society, not in a forest. We are fully protected under the principles of natural justice and the laws of the land.

Move forward, fight, and impart a lesson to such ruthless employers who resemble mafias still active in this country.

Mohan Rao
Manager HR

One of my friends is working with a reputed company in India. He joined this company two years ago. He has been a performer, receiving good ratings and bonuses. However, due to recent changes in the company resulting from cost-cutting measures, employers are asking employees to resign. They informed him that his position is redundant, so he needs to resign by providing a personal reason. Despite his refusal to give a personal reason, they pressured him to resign, stating that the directive came directly from the Managing Director and they couldn't do anything about it. They also mentioned that all employees in similar positions across PAN India have been informed, and the process has already commenced. They assured him that he would receive his full salary for the next three months on a monthly basis, so there is no need to worry. He can use his payslip as proof when applying to other companies.

Subsequently, he drafted a resignation letter with the condition that his notice period would end after three months and he would receive full salary during this period. However, they refused to sign his resignation letter. He then sent an email to HR attaching his resignation letter, citing the reason for his resignation as the redundancy of his position and the company's request for him to resign. He copied his supervisor on this email.

After a few days, they informed him that his notice period is only one month, not three months as he believed. They stated that he would only receive his basic pay for the remaining two months. (As per my terms of service, it is clearly mentioned that the notice period is three months.) They mentioned receiving an email that changed the notice period to one month, but he was not aware of such changes.

The company has not shared any emails regarding this entire communication.