My employer asked me to resign last week and accept 2 months' notice pay, to which I refused. Now the employer has blocked access to the office premises. Meanwhile, I have another offer letter with a joining date after three months. Is my current employer obliged to terminate me at the end of two months? Should I wait to be terminated at the end of 2 months? Since the current employer had harassed me, I want them to terminate and pay severance.
From India, Mumbai
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1From India, Mumbai
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Go to the present company and give your resignation and take 2 months' notice pay. Thinking of teaching lessons to a company will only result in you learning bitter lessons. Move on and quietly pick up the next job.
From India, Pune
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From India, Pune
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Hi Nathrao,
Thanks for replying. It's simply a matter of principle and not teaching lessons. Asking an employee to resign in a span of 15 minutes and still expecting them to think long term do not go hand-in-hand. If the company is terminating, then let's face it without judging. Terminations are part of creative destruction. Why hide such things behind forced resignation?
From India, Mumbai
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Thanks for replying. It's simply a matter of principle and not teaching lessons. Asking an employee to resign in a span of 15 minutes and still expecting them to think long term do not go hand-in-hand. If the company is terminating, then let's face it without judging. Terminations are part of creative destruction. Why hide such things behind forced resignation?
From India, Mumbai
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Dear, you have not mentioned your designation and present gross salary. It appears that your service is terminated as per the termination clause in the appointment letter mutually agreed and accepted by the employee and employer.
From India, New Delhi
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From India, New Delhi
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Hi Srinath,
Designation: Sr. Software Engineer
Salary: Approx. 12 LPA
Yes, a termination clause is included in the Employment Contract stating a 2-month notice period or payment in lieu. However, is this contract valid under the Indian Contracts Act? The Industrial Disputes Act specifies a 3-month notice period or pay plus severance in the event of retrenchment of a workman in an establishment with 100 workers (please correct me if I am wrong). I am not certain, but I believe a Senior Software Engineer falls under the category of a workman as it is a non-supervisory/managerial role.
From India, Mumbai
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Designation: Sr. Software Engineer
Salary: Approx. 12 LPA
Yes, a termination clause is included in the Employment Contract stating a 2-month notice period or payment in lieu. However, is this contract valid under the Indian Contracts Act? The Industrial Disputes Act specifies a 3-month notice period or pay plus severance in the event of retrenchment of a workman in an establishment with 100 workers (please correct me if I am wrong). I am not certain, but I believe a Senior Software Engineer falls under the category of a workman as it is a non-supervisory/managerial role.
From India, Mumbai
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Hi Srinath,
Even if the employment contract is valid, I would still ask the company to terminate. The only issue is that they are asking me to resign, to which I have refused. The company has not come back with a termination letter yet. Why should I lie behind forced resignation?
My question remains the same. Is my company obliged to terminate after blocking access to the office premises? If so, within what period of time?
From India, Mumbai
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Even if the employment contract is valid, I would still ask the company to terminate. The only issue is that they are asking me to resign, to which I have refused. The company has not come back with a termination letter yet. Why should I lie behind forced resignation?
My question remains the same. Is my company obliged to terminate after blocking access to the office premises? If so, within what period of time?
From India, Mumbai
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"It's simply a matter of principle and not teaching lessons."
My point remains the same. There is no way of fighting a battle with a company and winning. It takes time and resources, and we as employees should avoid wasting time. I'm not saying that one should not stand up for principles. It is good, but the need to be practical arises. Company practice is wrong in asking for instant resignation. Many companies do that. Given a choice, I would fight, but in a world where jobs are scarce, legal situations are expensive and time-consuming, and with no surety of victory in a legal battle, it is not worth your time and resources. Use resources and talent to find a space somewhere else. That is my thought process. How many companies can one fight with, as this is a common scenario of forced resignations.
Thank you.
From India, Pune
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My point remains the same. There is no way of fighting a battle with a company and winning. It takes time and resources, and we as employees should avoid wasting time. I'm not saying that one should not stand up for principles. It is good, but the need to be practical arises. Company practice is wrong in asking for instant resignation. Many companies do that. Given a choice, I would fight, but in a world where jobs are scarce, legal situations are expensive and time-consuming, and with no surety of victory in a legal battle, it is not worth your time and resources. Use resources and talent to find a space somewhere else. That is my thought process. How many companies can one fight with, as this is a common scenario of forced resignations.
Thank you.
From India, Pune
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It is natural for you to feel 'wronged' at the whimsical action of the employer asking you to resign and accept two months' salary. This is a normal step adopted by the employer for ending the service of an employee, bypassing legal obligations such as charge sheeting and holding a domestic enquiry, etc.
Apparently, you have a strong case. If you are determined to fight it out, have the patience, time, and ability to bear any repercussions, then stay put with your action of not accepting to resign. Most likely, the company may choose to find some compromising solution on monetary terms in your favor instead of terminating your service.
Wait and watch since you already have another job in your pocket. Good luck!
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Apparently, you have a strong case. If you are determined to fight it out, have the patience, time, and ability to bear any repercussions, then stay put with your action of not accepting to resign. Most likely, the company may choose to find some compromising solution on monetary terms in your favor instead of terminating your service.
Wait and watch since you already have another job in your pocket. Good luck!
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Dear friend,
Further to my post, I want to put on record by sending a letter providing details such as the date, time, and place of our communication where you asked me to resign. I believe that this action was illegal, including the act of blocking my entry. I maintain that I was willing to continue working but was forced out for a certain number of days, yet I am still employed.
If necessary, please assist in drafting the letter with the guidance of a labor lawyer and send it accordingly.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Further to my post, I want to put on record by sending a letter providing details such as the date, time, and place of our communication where you asked me to resign. I believe that this action was illegal, including the act of blocking my entry. I maintain that I was willing to continue working but was forced out for a certain number of days, yet I am still employed.
If necessary, please assist in drafting the letter with the guidance of a labor lawyer and send it accordingly.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Resignation is always advisable. Upon resignation, the company will release you by accepting your resignation. If they terminate you, they will state "terminated" in the release order. If a new company requests the release order, it will not reflect well to provide a termination order. This could negatively impact your career.
Your salary does not comply with the ID Act. It is better for you to resign and receive two months' salary.
From India, Kolkata
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Your salary does not comply with the ID Act. It is better for you to resign and receive two months' salary.
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf