Forced Resignation via Email: How to Navigate Legalities and Backdated Termination?

They are not officially giving a letter for severance but pushing for resignation and sending emails only. Please advise on the legal process for the same. Can the termination be backdated.

Regards,

Legal Rights and Employer Practices

Legally, no employer can coerce or compel employees to resign for any reason. If an employee is an underperformer or a habitual absentee, the employer can terminate their services after following the due process. If the employer wants to downsize and offer voluntary separation schemes with better terminal benefits, it is acceptable. Unfortunately, in India, IT and ITES employers sometimes resort to coercion tactics, such as the one mentioned, to lay off senior employees for cost-cutting purposes. Due to employees' high employability, they may reluctantly accept these offers and leave quietly without resistance.

Asserting Your Legal Rights

If you are serious about asserting your legal rights, consider filing a complaint with the area Labor Officer and provide copies of relevant correspondence. This action may assist you in addressing the situation effectively.

Sir, thank you for the response and clarification. I have a few more queries. I have been on garden leave for the last 2 months following a verbal teleconference with the head of the department. In the conference, it was mentioned that my position was being made redundant on a Friday evening, and I was asked to go on leave immediately starting from the following Monday, a decision I strongly opposed. I am attempting to settle this amicably, but clarity is lacking as they have not confirmed details regarding severance pay, leave settlement, PF/Gratuity, and applicable taxation.

I have also requested a Voluntary Retirement Scheme (VRS) in accordance with the parent company's policy since I have only 1 year of service left and a remaining balance of 150 days of privilege leave. Opting for the VRS would be advantageous from a tax perspective, but I have not received any response on this matter. The company is maintaining its stance and has not even approved the 20 days of eligible privilege leave. I have neither officially resigned nor have they provided me with a severance letter in writing.

Please advise on the legal options available in this situation. In the meantime, they have hired a manager with less experience and expertise.

Best Regards,