Laid Off and Pressured to Resign: How Should I Handle This Unfair Request?

Hi, I recently got laid off from my job due to COVID-19. I received a call from my HR informing me about this. However, he asked me to send a resignation letter to my manager and CEO, stating that I am resigning from the company because I got a job offer, which is completely untrue, given that they are laying me off.

My notice period, as per the offer letter, is 60 days, but the HR said that I will only have to serve a month of it after I resign and that I can leave as early as possible if I'd like. I spoke to my HR verbally, asking if the notice period can be extended, and he said he would have to talk to the management about it, but he couldn't assure me of anything.

I really don't want to resign because it will be detrimental to my future job prospects, and unemployment by choice is not something I want to market. I feel like this is invalid and unacceptable. I would love to get some input on this. Thanks in advance.

As a result of the slowdown in economic and commercial activities caused by the COVID-19 pandemic worldwide, we are observing layoffs and retrenchments across many sectors. Instances like yours are also being heard of all over the country. Orally pressuring employees to submit their resignations is not uncommon. It's possible that employers might initiate retrenchment if those employees are not willing to resign. I'm not trying to frighten you, but the choice is yours. You have to decide considering various options and your future prospects.

You do not have to resign if you do not want to. It is evident here that the company does not have any valid reason for a legal layoff, and that is why they want you to submit your resignation letter stating that you have received another job offer. Once you inform them that you would not be resigning, their next step would be to create a process of constructive discharge, where they would always be on the lookout for faults in your process and how to make you feel dejected and isolated in the company, so that eventually you leave on your own.

This cannot be avoided, but by not resigning now, you actually buy yourself some paid time to look for another job in another company. In order to make yourself a protected employee, you can email the HR and your manager, keeping your non-company email ID in cc, and tell them that you do not want to resign on the grounds of receiving another offer, which you have not received. This email serves as a record, where in the future if any other problem is created regarding you or your work, the email discussion can serve as a trail of evidence of motive by the company to exit you and thus have this mail chain used in your support.

Understanding Employment Termination and Notice Periods

Apart from the sympathy factor and feeling enraged at the inhumane treatment meted out to you, it should be understood that for employees other than those in the workmen category, the only protection they have is the service tenure for the notice period. The employment contract provides for a notice period, which in your case appears to be two months. Both the employer and employee can terminate the services by adhering to the notice period.

The employer suggests that you resign and they will relieve you in one month, as though it is a favor. If you persist in not resigning, they can give you notice and either allow you to work for two months or pay you salary in lieu thereof. Your request for extending the notice period may not be agreed to as it violates the notice period clause.

Options for Workmen Category Employees

If you fall into the workman category, you can challenge the termination as per the ID Act 1947. In other cases, you can seek compensation.