Dear All, I was working in a limited company as an Asst. Mgr. for around 4 years. On 23rd September 2013, at around 11:40 AM, the HR department called and obtained my resignation by pressuring me. They also took my punching card by punching it out at around 12:15 PM. Additionally, they did not bother to inform me whether my resignation was accepted or not. In my appointment letter, it is stated that I have to work for one month after giving my resignation.
After a week, I decided to take the matter to the Labor court and sent a legal notice to the company for obtaining a forceful resignation. Now, the company is ready to provide me with some monetary compensation.
Please guide me on how I should negotiate with the company and what amount of compensation they can offer me.
Thanks and regards, sjm.nsk
From India, Nasik
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After a week, I decided to take the matter to the Labor court and sent a legal notice to the company for obtaining a forceful resignation. Now, the company is ready to provide me with some monetary compensation.
Please guide me on how I should negotiate with the company and what amount of compensation they can offer me.
Thanks and regards, sjm.nsk
From India, Nasik
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Proposed Amicable Solution
Since the company has extended an offer for an amicable solution, a notice period of 3 months (regularly one month) of base pay, by way of ex gratia, and a good conduct/relieving letter would be a fair proposal.
Regards,
Vasudevan
From India, Mumbai
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6Since the company has extended an offer for an amicable solution, a notice period of 3 months (regularly one month) of base pay, by way of ex gratia, and a good conduct/relieving letter would be a fair proposal.
Regards,
Vasudevan
From India, Mumbai
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yes i agree with Mr vasudebvan .. bedause if u join back forcefully then also can even remove with proper evidence and proof then it will be a bad remark for u feature. so . regs srihari
From India, Hyderabad
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From India, Hyderabad
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In addition to what Vasudevan has said, in your claim, ask for the reimbursement of lawyer's charges as well. If they agree, well and good; otherwise, you may have to forego these charges.
Ok...
Regards,
Dinesh V Divekar
From India, Bangalore
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Ok...
Regards,
Dinesh V Divekar
From India, Bangalore
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Dear Guidance Seeker,
Your Query: How shall I negotiate with the company, and how much compensation can the company give me in the circumstances stated by you when the said company received a notice from a Labor Court for seeking a forced resignation letter?
Position: Honestly, your contention was to give either 1 month's notice or 1 month's pay in lieu of the notice. Accordingly, what is legitimately due to you is pay in lieu of notice, as the resignation letter is now deemed by the company as null and void. Where is the case for negotiation for a wrong committed by the company/employer/management? Can the wrongdoing by one end with another wrongdoing?
Moving to the court was your intent, and you knew beforehand the expenditure entailed. The important point is how, in the first place, an employee obliges others, in this case, the HR department personnel, by writing and/or signing his resignation letter. Resignation is tendered, conveyed by the person of his/her own volition.
Did you address/send a letter/an application stating how someone forced/coerced you—another employee—to write a text under duress which you disowned and protested?
The court would want to record the reason while disposing of the case lodged by you of withdrawing your petition/plaint or submission. Be ready for that as it were. Let scruple prevail.
Regards,
Kritarth Consulting
From India, Delhi
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Your Query: How shall I negotiate with the company, and how much compensation can the company give me in the circumstances stated by you when the said company received a notice from a Labor Court for seeking a forced resignation letter?
Position: Honestly, your contention was to give either 1 month's notice or 1 month's pay in lieu of the notice. Accordingly, what is legitimately due to you is pay in lieu of notice, as the resignation letter is now deemed by the company as null and void. Where is the case for negotiation for a wrong committed by the company/employer/management? Can the wrongdoing by one end with another wrongdoing?
Moving to the court was your intent, and you knew beforehand the expenditure entailed. The important point is how, in the first place, an employee obliges others, in this case, the HR department personnel, by writing and/or signing his resignation letter. Resignation is tendered, conveyed by the person of his/her own volition.
Did you address/send a letter/an application stating how someone forced/coerced you—another employee—to write a text under duress which you disowned and protested?
The court would want to record the reason while disposing of the case lodged by you of withdrawing your petition/plaint or submission. Be ready for that as it were. Let scruple prevail.
Regards,
Kritarth Consulting
From India, Delhi
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Dear Sir, I have some points whereby I can prove that I was forced to resign, which is why I sent the company a legal notice. If I had resigned on my own, as per the appointment letter, I would have to work for one month, but they did not allow me to do that. After receiving the resignation letter, they immediately forced me to punch my card out at 12:15 PM and also took away my punching card.
From India, Nasik
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From India, Nasik
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Withdrawl of Resignation and Notice period.doc
Legal Notice.pdf