A company based in a city in Maharashtra executed separation from an employee, i.e., the company was sending me out due to the closure of the project in which I was working. I received a separation email from the HR person quoting the same. However, when they provided the relieving letter, HR had stated that "He has resigned from our organization due to the project closure. His resignation was accepted, and he was relieved from his duties effective from-------."
I want to be straightforward and truthful; I do not want to face suspicious questions from my future colleagues. So, I requested HR to state as "xxxxx Pvt Ltd could not sustain business due to the business discontinuity that led to the closure of the project in which he was working. Therefore, not as a fault of the member, we separated him from employment."
I did not receive any response from HR. What should I do to ensure it is done legally in the way I want?
I am currently jobless, living and working at the company's client, which is located in a different state from the company's base city.
The city where I was working, which housed my ex-company's office, is now closed, and a top manager is running office activities from his residence in the same city.
From India, Chennai
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1I want to be straightforward and truthful; I do not want to face suspicious questions from my future colleagues. So, I requested HR to state as "xxxxx Pvt Ltd could not sustain business due to the business discontinuity that led to the closure of the project in which he was working. Therefore, not as a fault of the member, we separated him from employment."
I did not receive any response from HR. What should I do to ensure it is done legally in the way I want?
I am currently jobless, living and working at the company's client, which is located in a different state from the company's base city.
The city where I was working, which housed my ex-company's office, is now closed, and a top manager is running office activities from his residence in the same city.
From India, Chennai
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It is unfortunate that you received the separation note. What is not clear is whether you had any clause in the appointment terms relating to separation due to project completion. I presume that there was none; otherwise, you would have mentioned it.
Considerations for Changing the Separation Reason
The issue at hand is how important it is for you to have the "resignation" changed to the actual reason. You will have to invest time and effort to have it changed through the court of law. Therefore, consider the advantage, if any, vis-a-vis the time and effort required.
If you wish to have the actual reason accepted by your employer, be prepared for a delay as court cases do not get resolved in days but in years.
All the best.
Regards, Col. Rathi
From India, Delhi
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Considerations for Changing the Separation Reason
The issue at hand is how important it is for you to have the "resignation" changed to the actual reason. You will have to invest time and effort to have it changed through the court of law. Therefore, consider the advantage, if any, vis-a-vis the time and effort required.
If you wish to have the actual reason accepted by your employer, be prepared for a delay as court cases do not get resolved in days but in years.
All the best.
Regards, Col. Rathi
From India, Delhi
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I am currently using the relieving letter provided, citing resignation as the reason, for future companies. However, concurrently, I intend to have it replaced through legal means with the actual reason. This is because the true cause of separation is inaccurate; despite the project being operational, it was falsely stated as closed just to reassign employees. Such an explanation does not comply with the law. Furthermore, the appointment letter states that if the company no longer requires one's services, the employment will be terminated. The phrase "do not want service" is an unreasonable justification that, in my opinion, would not be deemed valid under the law. Could you please provide a brief overview of your profession - are you a lawyer or a corporate HR professional?
Thank you.
From India, Chennai
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Thank you.
From India, Chennai
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