Facing Forced Resignation: What Are My Rights and Next Steps in This Situation?

K R P
I have been working in an e-commerce organization for the past 6 months as Manager of Operations. They provided me with an offer letter only; to date, they have not given me an appointment letter. I have all the payslips (including Oct '19). They have kept my Oct '19 salary on hold, and starting yesterday, they are stating that they will only release my salary if I resign from the job; otherwise, they will terminate me.

I requested a 3-month notice period, but the CFO denied it and mentioned that they would only provide a 1-month notice period. However, even the 1-month notice period is not being offered to me in written communication. I sent an email regarding my Oct '19 salary on Nov 2nd, addressing all HR personnel, the VP, CEO, and CFO. Unfortunately, no one responded to my email. Following up on my email, the CFO called me and pressured me to resign.

I have a recorded conversation with the CFO. Could you please advise me on whether I should receive a 3-month notice period pay or only 1 month's pay? What does our labor law say about this situation? If they terminate my employment, what course of action should I pursue next?

Thank you.
Madhu.T.K
Handling Probation and Notice Periods

If you are a manager on probation, accept the one-month notice pay and get relieved immediately because no labor law will help you. It is okay if there is no probation clause, but you are a confirmed employee, and your contract of employment states that the notice period is three months. In such a case, the remedy is to file a case for breach of contract. This being a civil case will take its own time to come up for hearing and reach a settlement. Therefore, it is good if you leave on good terms. If provoked, you may find it difficult to get a favorable reference from this company.
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