Hi, I am working as an HR manager with a very small firm for the past year. This company has only 12-15 employees. My CEO/boss is pressuring me to resign because they don't have much business. Already, three candidates have resigned. What should I do? Please suggest. Are there any legal steps for this situation where I can defend myself?
From India, Delhi
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1From India, Delhi
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Please go through the terms of the "Termination Clause" in your appointment letter. If your CEO is giving you the notice as mentioned in your letter, you can't do anything else legally. If there was no notice provided, then you can fight, but only for the notice period and not to continue your job. Hope that's useful. I personally suggest you start looking for a job immediately and don't have a break in your career.
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From India, Bangalore
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From India, Bangalore
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Thanks Priya, as per the appointment letter, it's 30 days or in lieu of basic salary. I agree with the same. But do you think this is the right way between employer and employee?
From India, Delhi
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From India, Delhi
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If there is no appoinment order given to u and he is asked u to quit the immediately,he has to give one month salary.
From India, Madras
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From India, Madras
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Hi, from an employee's perspective, that may not seem correct. However, from a business point of view, the employer can't pay salaries to employees when there is no money inflow. Even if the CEO doesn't terminate employees quickly, a situation may arise where he will not be able to pay salaries, which is even worse. In these situations, HR should take the step of explaining this to all employees. This is an unfortunate situation for everyone, including HR sometimes.
Regards,
From India, Bangalore
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From India, Bangalore
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Employer Obligations in Company Closure
Even in the event of the closure of the company, the employer must provide prior notice. Furthermore, in cases of forced resignation, the employer is required to settle any outstanding balances, including one month's salary. In this scenario, the employee is not at fault; rather, the employer is the one who is closing the company without bidding farewell to all the employees.
Ultimately, if there is a desire to pursue further action, the matter can be taken to the labor court.
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G.L. RAGHU
From India, Madras
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Even in the event of the closure of the company, the employer must provide prior notice. Furthermore, in cases of forced resignation, the employer is required to settle any outstanding balances, including one month's salary. In this scenario, the employee is not at fault; rather, the employer is the one who is closing the company without bidding farewell to all the employees.
Ultimately, if there is a desire to pursue further action, the matter can be taken to the labor court.
Regards,
G.L. RAGHU
From India, Madras
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Navigating Job Resignation in Challenging Times
It is better to immediately get a new job, resign, and carry on. Part as friends and not as enemies. You will have an experience letter/relieving letter in hand, or else you will go dry. In India, companies becoming sick is not unusual. The promoters simply hand over the keys of the premises to the bank after filling their bucket. Traditional Indian companies hire HR to learn the knowledge, and once learned, they ask to quit. A stitch in time saves nine. Resign and carry on even if the notice period pay isn't paid, and if you really want to fight and have time at leisure, then appear before a magistrate in civil court and obtain a stay provided you have the appointment letter that mentions the notice period clause. There are also chances that the employer may ask you to serve the notice period and hold your full and final settlement.
Sleep and dream or get up and chase your dreams. The choice is yours.
Good Luck.
From India, Mumbai
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It is better to immediately get a new job, resign, and carry on. Part as friends and not as enemies. You will have an experience letter/relieving letter in hand, or else you will go dry. In India, companies becoming sick is not unusual. The promoters simply hand over the keys of the premises to the bank after filling their bucket. Traditional Indian companies hire HR to learn the knowledge, and once learned, they ask to quit. A stitch in time saves nine. Resign and carry on even if the notice period pay isn't paid, and if you really want to fight and have time at leisure, then appear before a magistrate in civil court and obtain a stay provided you have the appointment letter that mentions the notice period clause. There are also chances that the employer may ask you to serve the notice period and hold your full and final settlement.
Sleep and dream or get up and chase your dreams. The choice is yours.
Good Luck.
From India, Mumbai
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I have been reading your post and people's comments thereafter. It is unfortunate that you had to face this situation. However, one job or one company is not the end of a career. You can always find new jobs by registering on various job portals like Naukri and Monster, which give you ample choices of various jobs suitable to your profile, city, CTC, etc., free of cost. Also, you can use social networking sites like LinkedIn and Facebook to create your profile and connect with other professionals within your industry.
Delhi NCR is a hot job market, so don't give up!
All the best!
Regards,
Manasi
From India, Mumbai
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Delhi NCR is a hot job market, so don't give up!
All the best!
Regards,
Manasi
From India, Mumbai
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I have gone through the entire correspondence. As per your terms of appointment, if there is a notice period clause, then go by that. You have the right to question the management if it is not followed. If it is followed, better accept it and leave the company for better prospects.
Anyway, insist on the experience letter and pay certificate for your future career. There is no point in harping on the mud horse now with a hope to continue. If the salary is delayed every month by keeping you in service, you will struggle a lot. Accept the same, leave the organization, and start applying for a better job.
All the best.
From India, Madras
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Anyway, insist on the experience letter and pay certificate for your future career. There is no point in harping on the mud horse now with a hope to continue. If the salary is delayed every month by keeping you in service, you will struggle a lot. Accept the same, leave the organization, and start applying for a better job.
All the best.
From India, Madras
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Very sad to hear... This is not the right time to seek revenge on your boss. Please understand that as an HR professional, you need a solid background verification and a positive career reputation. It might be better to resign from the company, especially if they are not willing to provide better compensation. Assert your position by requesting a one-month notice period or pay so that you can secure a new job promptly. This way, they will realize the value of retaining a loyal employee. Best of luck in your future endeavors.
Regards,
Ramkishore
From India, Bangalore
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Regards,
Ramkishore
From India, Bangalore
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Job Description - HR & Admin.doc