Facing a Forced Resignation Due to Business Losses: Can I Negotiate My Exit?

Dear All, I have been working with the company as an HR executive for the last 10 months. I primarily handle recruitment. I was verbally asked to resign because the company is not doing well in terms of business. My performance has been good, and I have saved the company costs during recruitment. However, recruitment has now been frozen due to business losses, and they have asked me to resign. Can I ask for the next 4 months' salary from them if they want me to resign? Or, please let me know what is the best course of action.

Thank you.

While empathizing with your situation, let me also not mix up issues. You are an HR professional yourself—what does your Appointment Letter say? Does it state that you or the Company is eligible for 4 months' salary in such situations? Please go through your Appointment Letter, and I am sure you will find the answer yourself.

Next Steps

I guess you don't have a choice other than to look for another job. All the best.

Regards,
TS

Hello Vinay, don't panic; all will be well. This is not the end of your career. Move on. I agree with TS; you should go through your employment contract. Did the employer ask only you to resign, or are many more employees being asked to resign? Are they closing down the business? If this is a case of redundancy or retrenchment, then they will make the payment as applicable to you.

Regards,

I agree with the comments made by our fellow members. In addition to the F&F amount, please inquire if they can assist you in finding a new job. Given that you have no other option but to seek alternative employment, it is advisable to commence your job search while still employed. This approach offers various advantages. Moreover, when approaching potential employers, you can indicate your immediate availability by mentioning the current company's instability. Employers typically favor candidates who are currently employed over those who have left, regardless of the circumstances.

Thank you.
Regards,

What will happen if you don't resign? The company will terminate you. What will then happen? You won't even have a proper track record. Who will pay four months' salary for a 10-month-old worker? No one. Please bear with me for the harsh questions and answers. My intention is to help you understand realities. Ask the company for one or two months' time and catch hold of a job in that time. You must improve your English if you want to get into a good company.

Regards.

Understanding Notice Periods and Resignation Terms

There must be a notice period mentioned in the appointment letter that is applicable to both the employee and the employer. If they ask you to leave or resign, they need to pay the advance salary, or you need to work for a month to receive the last month's salary after resigning, or as specified in the employment agreement. You can't ask for a 4-month salary for resigning if it is not mentioned in the appointment letter. The bottom line is you need to follow whatever is stated in the appointment letter regarding leaving or resigning from the company.

I am curious, Vinay, as to why you think the company will or should pay you 4 months' salary. I would also be interested in knowing how you saved your company money in 10 months and how much you saved. Please let me know if you need further assistance.

Hi Vinya, like what others have commented on your question, you should refer back to your Letter of Appointment. If the company wants to terminate you, then they should compensate you (depending on the terms and conditions in the LOA). Your performance is rated by your employer, and I believe that there are some other reasons aside from the company's financial crisis.

I request you to act like an HR professional. Your appointment letter will be the basis for all communications with your employer. It is unclear whether you are still under probation or if your services have been confirmed. In any case, you have to cooperate with your employer and forget the "arm-twisting thought" of grasping 4 months' pay!

You are a young professional; do not get panicky or let someone use your sentiments. I request you to think rationally, be governed by the accepted norms, take life as it comes, and move on.

Best of luck,

Sourav Mukherjee