Facing Sudden Job Loss: Do We Have Any Legal Rights After Being Asked to Resign?

I was working for an app-based e-commerce company, and a few days ago, the whole team (about 50 people) was called to the office. It was announced that we would no longer be working with the company from the next day, and that they are shutting down the office. No intimation was given to us, although they did say they would settle our dues of notice pay, etc. However, they were giving a PDC which all of us refused to accept.

The co-founders had themselves initiated discussions with our team to reach a settlement; they even asked for what, according to us employees, would be a required settlement (severance package). We promptly reverted with the expected settlement in this case and how to proceed with the discussions. Their replies were affirmative, and they asked us to name a representative who would discuss with them for the team.

After that, they did not reply further after 2-3 emails, and next time they said HR would take this forward.

The next day (Saturday), we received an email from HR stating that either we could resign and they would process FNF according to the offer letter, or they would terminate us by Monday. We were not even given one day's notice for this. The offices have been locked, and nobody is allowed to enter.

I just need to know whether we, as affected employees, have any legal power in this case and what we should do to take this forward.

Better raise an industrial dispute under the Industrial Disputes Act, 1947.

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Better raise an industrial dispute under the Industrial Disputes Act, 1947.

Hi Vivek,

You can approach the labor office nearest to your office location and file a complaint. Since this is a layoff situation, certain procedures must be followed. Failure to do so may result in intervention by the labor department.

You have to ask for the reason why they asked to resign. They cannot be removed without a genuine reason. Contact the labor officer and lodge the complaint.

The Need for Legislation on White-Collar Employment

I am alone in fighting for the cause of action. The remedy is a PIL (Public Interest Litigation) before the Supreme Court of India to bring specific legislation that governs the employment and working conditions of white-collar workers.

This is happening across India because, as of now, under the Indian legal regime, there is no specific legislation governing the employment of white-collar workers. Primarily, none of the labor laws apply to them, and their service conditions are governed by the respective employment contracts containing all terms and conditions governing the employment. In the absence of any specific statute or principles governing the employment of white-collar workers, except the basic provisions applicable under the Indian Contract Act, 1872, and judicial precedents regarding the legality and sanctity of the contractual termination provisions.

I have filed against Indian Drugs Pharmaceuticals Ltd, Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India in Patiala House court vide case no. 201/2015, which is supposed to move to the Supreme Court of India invoking Jurisdiction under Article 32 of the Constitution of India.

Stay fighting for generations...

Regards

Dear Vivek,

Agitate against this cause of action before the Honorable Supreme Court of India invoking its jurisdiction under Article 32 of the Constitution of India to enforce Article 39 of the Constitution of India in the form of PIL (Public Interest Litigation). Do not waste your time. Don't look here and there. All are a waste of time. Hit the right place at the right time to bring about substantial change.

Thanks & Regards,
Om Prakash Poddar
9968337815
om.poddar@gmail.com