Notice Of Retrenchment Letter

I had to give some of my employees notice of retrenchment letters, we as a company wants to downscale. But here is my problem... I gave all of my admin staff the letter and said that we need to retrench three out of the four that is working here. Now the one that we wanted to stay came to us and said that she wants the retrenchment package. Can she do it? And what are we suppose to do now? Should we see at as resignation or is it still a retrenchment?

Dear
Naturally you have to adhere to Sec 25 F of the ID Act.Pls consider 30 days notice pay together with 15 days salary for every completed years service.
rajanassociates
chennai

She can always volunteer for the retrenchment but if she has specialist skills that your operations or business ojectives need, then you can explain why you need her to stay and why you don't want to retrench her. She cannot force you to retrench her, it is a business decision.
However, if there is one of the 3 employees that does want to stay, then I suggest finding a way come to a compromise so they can stay and the person that wants to leave goes. Otherwise, you could find yourself with an employee that doesn't actually want to be there so her performance will be affected and commitment to the organisation will decrease.

Thank you for your replies. None of the employees wants to stay, I can afford to pay the one with the skills more, so therefore she still want to take the package. I am therefore allowed to employee someone else?

Dear Cecilia
It is not known what is the nature of activity of your company and the number of workmen as definded under the Industrial Disputes Act 1947 employed in it, the categories of employees and the categories in which you want to downscale. Please furnish the above information for giving my views.