Navigating Forced Resignation and Legal Steps for HR Professionals: Insights and Advice

Hi,

I am working as an HR manager with a very small firm for the past year. This company has only 12-15 employees. My CEO/boss is pressuring me to resign because they don't have much business. Already, three candidates have resigned. What should I do? Please suggest. Are there any legal steps for this situation where I can defend myself?

Hi Nit,
Please go through the terms of "Termination Clause" in your Appointment letter. If your CEO is giving you that notice as mentioned in your letter, you cant do anything else legaly. If there was no notice provided, then you can fight, but only for the notice period and not to continue your job.
Hope that’s useful.
I personally suggest you to start looking for a job immediately and don’t have a break in your carrier.

Thanks Priya,
as per appointment letter its 30 days or in lieu of basic salary.
i am agreed for the same. But do you think this is right way ??
between employer and employee
QUOTE=priya.ramki;1872610]Hi Nit,
Please go through the terms of "Termination Clause" in your Appointment letter. If your CEO is giving you that notice as mentioned in your letter, you cant do anything else legaly. If there was no notice provided, then you can fight, but only for the notice period and not to continue your job.
Hope that’s useful.
I personally suggest you to start looking for a job immediately and don’t have a break in your carrier.[/QUOTE]

If there is no appointment order given to you and he has asked you to quit immediately, he has to give one month's salary.

Hi,

That is not correct if you think as an employee. But if you think from the business point of view, the employer can't pay salary to employees when there is no money inflow. Even if the CEO doesn't terminate employees, quickly, there comes a situation where he will not pay/cannot pay salary to employees, which is even worse. In these situations, HR should take the step of explaining the same to all employees. This is an unfortunate situation for all employees, including HR sometimes.

Even in the event of the closure of the company, the employer must provide prior notice. Furthermore, in cases of forced resignation, the employer is required to settle any outstanding balances, including one month's salary. In this scenario, the employee is not at fault; rather, the employer is the one who is closing the company without bidding farewell to all the employees.

Ultimately, if there is a desire to pursue further action, the matter can be taken to the labor court.

G.L. RAGHU

It is better to immediately get a new job, resign, and carry on. Part as friends and not as enemies. You will have an experience letter/relieving letter in hand, or else you will go dry. In India, companies becoming sick is not unusual. The promoters simply hand over the keys of the premise to the bank after filling their bucket. Traditional Indian companies hire HR to learn the knowledge, and once learned, they ask to quit. A stitch in time saves nine. Resign and carry on even if the notice period pay isn't paid, and if you really want to fight and have time at leisure, then appear before a magistrate in civil court and obtain a stay provided you have the appointment letter that mentions the notice period clause. There are also chances that the employer may ask you to serve the notice period and hold your full and final settlement.

Sleep and dream or get up and chase your dreams. The choice is yours.

Good Luck.

Hi Nit,

I have been reading your post and people's comments thereafter. It is unfortunate that you had to face this situation. However, one job/one company is not the end of a career. You can always find new jobs by registering on various job portals like Naukri, Monster, which give you ample choices of various jobs suitable to your profile, city, CTC, etc., free of cost. Also, you can use social networking sites like LinkedIn, Facebook to create your profile and connect with other professionals within your industry.

Delhi NCR is a hot job market, so don't give up!

All the best!

Regards, Manasi

Dear Mansi,

Thanks!!

I am trying my best as I can. But we know very well that there are a few job openings in HRD. I have already registered with Naukri, Monster, TimesJobs, and Shine, but I am not getting a positive response.

Regards,
Nitluck

Dear Nit,

I have gone through the entire correspondence. As per your terms of appointment, if there is a notice period clause, then go by that. You have the right to question the management if it is not followed. If it is followed, better accept it and leave the company for better prospects. Anyway, insist on the experience letter and pay certificate for your future career. There is no point in harping on the mud horse now with a hope to continue. If the salary is delayed every month by keeping you in service, you will struggle a lot. Accept the same, leave the organization, and start applying for a better job.

All the best

Hi, I am looking for TimesJobs, Monster, or Naukri portals on a sharing basis for the Bangalore region.

Regards,
Raj
9964213612

Hi Nitin,

You have a choice to either fall down and be grounded forever, or to rise back and run faster. How old are you? Are you telling us that Nitin can't even find one damn job? I don't think so.

Look at yourself. Is this the first setback that you have ever received? I am sure in life you would have come across multiple challenges. And believe me, everything happens for a reason, or as Steve Jobs said, "Life is about connecting the dots."

If you can't find a single job in Delhi NCR, mark me a mail - I will help you find many :)

Regards,
Rakesh
Corporate Trainer HR

Hi Nit,

I agree with Rakesh. I am surprised that you cannot find HR-related jobs in Delhi/NCR. I keep receiving so many naukri updates about HR openings in the same region. You may want to recheck your resume, its title, or simply search more rigorously.

During downturns, restructurings, or mergers, we may have to let go of other people. What advice would we give in such a situation? Find a new job. Sometimes, one may need to shift vocations, but in your case, it's not required. Lastly, don't burn bridges.

Hi Nit,

I am in agreement with Mr. R, to leave with good taste and leave decently, as the company is not doing well. However, please get an experience certificate from the company. As regards a new job, Priya is right, so follow her advice.

Good luck.

Regards, S.K. Johri

Dear All,

Thank you so much to all of you for giving wonderful suggestions. I am 29 years old with 8-9 years of experience. Details are given below:

Current Position: Manager - HR

Total Experience: 8-9 years with specializations in HR Generalist, Compensation, Payroll, MIS-Attrition Analysis, HR Dashboard, Policy Making, Statutory Compliance, Reimbursement, Recruitment, Attendance, F&F, Appraisal, Joining Exit Form, Offer & Appointment Letter, Leaves, PF, ESIC, P-Tax, LWF, Gratuity, Legal, Employee Welfare, HR Audit, Exit Interview, Employee Ref. Check, etc.

Current CTC: 4.0 Lac

Expected CTC: Negotiable

City: Delhi/NCR

Looking for a job in the position of AM-HR / DM-HR & Mgr HR for the profile of HR Gamut / Generalist, HR Payroll. Please help if possible in getting a new job.

Thanks & Regards,
nitluck