Forced Resignation: Can You Challenge Notice Period and Salary Issues Legally?

Notice Period and Salary Concerns

My name is Poonam, and I work as an Assistant Manager in HR. I would like to discuss the notice period and salary of an employee if their HR manager and HOD ask them to resign without providing any reason.

Legal Action and Evidence

Can the employee file a case in the labor court against the company in such a situation? If so, what kind of evidence would they need to have?

Exit Interview Documentation

Additionally, is it permissible for an employee to make a photocopy of their exit interview for future reference?

Regards,
Poonam

Termination Without Reason: Employer's Rights and Obligations

The employer need not give any reason for the termination of an employee. They can simply state that they wish to relieve you for any reason under the sun. However, they will face a problem if they do not provide one month's notice or one month's salary in lieu of said notice.

Dear Poonam,

This is in addition to what the previous member has said. Yes, you may remove anyone by adhering to the terms mentioned in the appointment letter. If you do that, there is no need to worry about the employee going to court. Make sure that you have proper correspondence regarding his exit.

Nevertheless, my concern is about the side effects of this "removal without any reason." Will this create an adverse effect on your organization's culture? Will that employee attract sympathies from other employees? Will it create a fear psychosis among the employees for removal at the whims and fancies of the HR Manager/HOD? If this happens, will other staff remain motivated? Will they be innovative?

The employee might have made a grave mistake, but why are you wary of conducting a domestic enquiry? If you conduct an enquiry, it will send the right message to one and all that you give a chance to the defaulting employee to defend his/her position and then take action.

Do not just look at one case but look at the organization as a whole. As an HR professional, you and your manager are responsible for building the culture of the company. "Fairness" is one of the values that promotes a positive culture. However, you cannot just be fair in sticking to the terms of employment but must put into action "fairness" as a value of the organization.

Thanks,

Dinesh V Divekar

Actually, my concern is this: if an employee is asked to resign on the 22nd of the month but is forced to mention the last date of working as the 15th instead of the 22nd. At the time of the full and final settlement, they are refusing to give the salary of that month until the 15th only. The employee has their attendance report until the 22nd. Could this be negative for the employer if the employee files a case in the labor court? The employee also has proof of the resignation letter copy and the exit interview copy in which he frankly states that his HOD tortured him, forced him to use his own car for office use, and even committed sexual harassment.

Steps the Employee Should Take

Please take a deep look at this case and suggest what steps the employee should take in this situation. Can he demand his 22 days' salary or more in the case of a demanded resignation? This is happening to one of my friends who is an employee in this case.

Regards,