Forced to Resign After 20 Years: What Are My Rights and Options?

Seeking Advice on Forced Resignation

Please guide me on what I can do or if the labor court will justify. I am working at XYZ Pvt. Ltd. in Mumbai. The company is currently facing job losses, with only 2-3 jobs remaining, and has started to let go of employees based on performance.

I have been with XXXX for 20 years, and now they are insisting that I resign due to low performance. However, the company has never provided me with written feedback regarding my performance, and I have been assigned tasks until now.

Moreover, the company is hiring new employees for roles in piping, electrical, etc., and some employees are still working even after retirement. Can you please advise me on what to do if I refuse to resign?

Regards

If you refuse, they will find ways to terminate your job. Discuss with them to find out where they feel your job is not up to par. Promise improvement. What position do you hold in the company? Is it a key appointment or key position? The best option is to look around while trying to discuss with the company for continuance in your job. By fighting, your chances will be low. Probably, as the company is facing a financial crunch, they want to cut down staff in any way.

My foremost suggestion is to make your post anonymous since you have mentioned the name of your company; it is better to do so. You have taken a chance by working in the same company for a long time. You are attuned to the culture of the company, and the notice for resignation has come out of the blue. You could have found out earlier which way the wind was blowing and could have been preemptive in searching for a suitable job. Probably, you had a blinkered view because of your long stay in the company. Due to your long stay, you had developed mental inertia, and the notice has unsettled you emotionally. When you joined this company, what was your designation, and what is your current designation?

Nevertheless, now your continuity at the company has come under the scanner. There is no point in crying over spilled milk. Therefore, even now, you may start searching for a suitable job. As Mr. Nathrao has said, there is no point in taking on your employers. There are ups and downs in life. Who knows, you could get an even better job than the current one.

Lastly, about the comparison with other staff members, either newly recruited or retired ones. Perceptions of the management always differ from person to person. Who knows, these people could be working at a lower salary as well.

All the best!

Regards, Dinesh Divekar

Concerns About Unjust Employee Termination

I am working as an Assistant Manager in the Mechanical department and have been assigned to a project. However, the company has given targets to our HODs to remove any employees they dislike. If the company were in a financial crunch, they should remove those who have been recruited recently. Only selective individuals are targeted based on performance, and two ladies, including myself, have been selected.

The company never informed us beforehand about my low performance. They simply stated that compared to other employees of the same grade as mine, my performance is not satisfactory. Until I secure another job, how can I resign?

Regards

Understanding the Company's Perspective

Your problems are genuine. The company has its own views on the subject, such as financial crunches, order positions, and similar issues.

Evaluating Your Job Situation

Look around with vigor now that you know your job is in danger. Is the project you are working on ongoing or completed? You know the company better—why do they want to remove senior staff and not juniors? The juniors may be more trainable and qualified in the latest technology; there are many reasons.

Considering a Job Change

You have to understand that the time for a job change has now come, and you need to seriously consider leaving this company on good terms so that you can receive favorable reviews as well.

@DEVAYANI SAMEER PAI

If the company wishes to remove an employee due to financial constraints, the company is obligated to retrench the employee and provide retrenchment compensation. The principle of "last in, first out" should apply in such cases.

In situations where an employee is being considered for termination due to poor performance, the individual should be given the opportunity to improve, and any termination should follow a fair domestic enquiry process to substantiate the poor performance. Victimization is strictly prohibited and constitutes unfair labor practice.

Check out my blog at www.labourlawhub.com

Regards

Sir,

Only four ladies are targeted, who are dissatisfied with the idea of resigning. It is unjust to us, as we need at least one year to secure a job, considering our 20 years of service. As you are aware, the job market is currently challenging.

May I request a one-year grace period?

Regards

Representation in Writing

Put up a representation in writing. Highlight all the good work you have done. Politely let the management know that the sudden low performance was never mentioned earlier and that there are no records to substantiate poor performance. You can fight in a court of law against unfair labor practices, but considering the time and expense involved, it might be better to look for alternate jobs.

Handling the Situation

You need to handle this very carefully, and you are the best judge of the circumstances of the company—finance, orders, new recruitments, etc. Present your case properly and hope the management understands.

You have two valuable qualifications: 20 years of experience in the mechanical department and a good position as an assistant manager. These will surely help you land another job that may be even better than the present one (as Mr. Divekar pointed out). I see no point in discussing with the present management, who seems to have decided the issue.

Try a new avenue, even in another industry. But make sure to create a powerful resume that will highlight your abilities and how you can contribute to the new company. You WILL succeed and prosper.

Best wishes,

R Ganesh