Facing Unexpected Job Loss: Should I Resign or Fight for My Rights?

Since the last five months, I have been working with a company in Gurgaon as a technical support officer. Yesterday, all of a sudden, my manager called me and another employee at the end of the shift and asked us to resign as they no longer required our services.

We had an idea this might happen because there was an order from the management to reduce the number of employees due to fewer calls in the last five days, but the reason they gave us was really unexpected. They said they were not happy with my conduct in the office and were asking me to leave because I took a 10-day leave for my examinations. These leaves were approved by the managers, and we were informed about them at the time of joining the company during the induction session.

I haven't sent the resignation yet because I told them that all the proceedings should be performed at their end and not by me since it was they who asked me to leave. However, I was told that if I do not send them a resignation via email, I would be terminated and wouldn't receive any experience letter or full and final settlement.

Please suggest what to do as there are hundreds of questions flooding through my mind, such as whether to approach the labor court, comply with their request, or refuse to resign.

Employee Termination and Legal Rights

A service of an employee cannot be terminated on the whims of the employer. If charges are leveled against you, then the company needs to prove such charges by holding a domestic inquiry. You have the right to ask your employer to take steps, as they will be in more trouble if they terminate you rather than if you resign yourself.

However, since your period of service is very short (5 months), you will not be entitled to a huge full and final settlement. It is now a premature stage to approach the court. First, the company has to take a step, and then only you can seek guidance for approaching the labor court. Check www.labourlawhub.com for more information on labor laws in India.

Regards

One can move on or take a stand. Termination is to be done following the laid-down procedure - no whims and fancies - that is what the law says. But in reality, how many will take a stand and go to the Labour officer, court, etc., and spend his/her time. Laws exist on paper, but only when people follow them does it work. Here, the manager is bold because he knows very few have the capacity and time to proceed in a legal manner.

Before approaching the labor court, my suggestion is to thoroughly review your appointment letter regarding the clauses of termination.

Handling Termination and Resignation Requests

If your employer terminates your services, they are required to comply with their separation policy. Please review your appointment letter for more details. However, termination can be a negative mark on your resume and may affect your future career opportunities. Therefore, it is advisable to speak politely with your boss and request either the notice period or payment in lieu of that, as per your company's HR policy.

If your boss insists on immediate resignation, the best course of action is to draft an official email to your boss, copying all your seniors, and clearly state the situation. Request the opportunity to either serve the notice period or receive payment in lieu of that, as it is a management decision and not yours.

Thank you.

I understand your situation. It is unethical behavior by your employer. In this situation, you can do two things:

1. Check your offer letter and appointment letter and read the clause regarding the notice period.

2. They are right; in this kind of situation, you should email them your resignation before they email you for termination. Resignation is far better than termination. Don't worry about what your next company will ask. Just be honest that it was a layoff, so you want to leave the company. Find a clause for serving the notice period and request the employer to give you a few days. I'm sure they will agree.

Regards