Employer's Right to Request Resignation

Can an employer ask an employee to resign voluntarily with immediate effect?

Employer's Options if Resignation is Not Submitted

If an employee fails to submit a resignation letter voluntarily with immediate effect, what can the employer do?

Compliance with the Industrial Disputes Act, 1947

If an employee requests the employer to follow the Industrial Disputes Act, 1947, Section 25F [Conditions precedent to retrenchment of workmen], should the employer comply?

Section 25-F of the Industrial Disputes Act, 1947, states the conditions precedent to retrenchment of workmen. No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until:

(a) The workman has been given one month's notice in writing indicating the reasons for retrenchment, and the period of notice has expired, or the workman has been paid, in lieu of such notice, wages for the period of the notice.

(b) The workman has been paid, at the time of retrenchment, compensation equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof more than six months.

(c) Notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette.

Thank you.

From India, Hyderabad
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Dear Thirumurugan,

Could you please explain the reason that prompted the employer to ask the employee to resign? Additionally, before opting for retrenchment, it would be beneficial for you to carefully analyze the definition of the term "retrenchment" under section 2(oo) and the introductory parts of Chapters V-A and V-B concerning their applicability.

Would you kindly revert back?

Thank you.

From India, Salem
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