hi,
i am part of an Indian software company for 9.5 years.
I am out of project and in free pool (without project since 3 months for the first time in 9.5 years)
Now i didn’t have project since 3 months. HR came into picture and asking me to resign.
My present role is Project leader and i am a permanent employee in this organization.
Since HR is asking me to resign, can i go ahead and ask the below benefits? If HR denies the below benefits, can i threaten the HR that i will file a case against company.Can I file a case against the company and the case will have a strong value?
Summary of claims: Company should pay me total of 11 months’ salary(9 month for completion of 9 years and two months notice period) apart from Gratuity, Leave encashment and tax waiver for all the below mentioned payments?
1. Company should pay me two months’ salary for notice period.
2. Company should also pay me compensation of 9 months’ salary which is nothing but 30 days’ pay for each completed year of service as per Industry Policy (As per the Industry policy, employees with more than one year’s service, and other than temporary or casual employees, are entitled to compensation equivalent to 30 days’ pay for each completed year of service- As per ID act retrenchment compensation) –this policy has been followed in all the Industries where employee strength is more than 100)
From India
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i am part of an Indian software company for 9.5 years.
I am out of project and in free pool (without project since 3 months for the first time in 9.5 years)
Now i didn’t have project since 3 months. HR came into picture and asking me to resign.
My present role is Project leader and i am a permanent employee in this organization.
Since HR is asking me to resign, can i go ahead and ask the below benefits? If HR denies the below benefits, can i threaten the HR that i will file a case against company.Can I file a case against the company and the case will have a strong value?
Summary of claims: Company should pay me total of 11 months’ salary(9 month for completion of 9 years and two months notice period) apart from Gratuity, Leave encashment and tax waiver for all the below mentioned payments?
1. Company should pay me two months’ salary for notice period.
2. Company should also pay me compensation of 9 months’ salary which is nothing but 30 days’ pay for each completed year of service as per Industry Policy (As per the Industry policy, employees with more than one year’s service, and other than temporary or casual employees, are entitled to compensation equivalent to 30 days’ pay for each completed year of service- As per ID act retrenchment compensation) –this policy has been followed in all the Industries where employee strength is more than 100)
From India
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YEs U can request for P.F. certificate for membership holding,
Salary in leu of notice is matter of appointment letter so you are eligible for notice payment to you.
For compansation as well, company should pay as per company and ID act for Retrenchment compensation..Prior Permission by the Government for Retrenchment, + Compensation @ 15 days’ wages(Sec. 25-N) per year.
From India, Ahmadabad
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76Salary in leu of notice is matter of appointment letter so you are eligible for notice payment to you.
For compansation as well, company should pay as per company and ID act for Retrenchment compensation..Prior Permission by the Government for Retrenchment, + Compensation @ 15 days’ wages(Sec. 25-N) per year.
From India, Ahmadabad
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Dear friend,
Your HR cannot ask you simply to resign. On what basis is your HR asking for your resignation? How is your organization faring? The retrenchment, as per the ID Act, is based on the principle of "last come, first go." First, understand that as a team leader, you do not fall under Section 2(s) of the ID Act. You cannot approach the labor court to claim benefits.
Regarding compensation, it is in accordance with your company's rules, regulations, and the terms of your appointment. Consider the prospects of your future and make a well-informed decision.
Please consult a legal adviser before taking any action against your company, as the process is time-consuming and can incur significant costs.
G.K. Manjunath, Sr. Manager - HR
From India, Bangalore
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Your HR cannot ask you simply to resign. On what basis is your HR asking for your resignation? How is your organization faring? The retrenchment, as per the ID Act, is based on the principle of "last come, first go." First, understand that as a team leader, you do not fall under Section 2(s) of the ID Act. You cannot approach the labor court to claim benefits.
Regarding compensation, it is in accordance with your company's rules, regulations, and the terms of your appointment. Consider the prospects of your future and make a well-informed decision.
Please consult a legal adviser before taking any action against your company, as the process is time-consuming and can incur significant costs.
G.K. Manjunath, Sr. Manager - HR
From India, Bangalore
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Unless it is specified in the company's Rules and Regulations as well as the terms of appointment, you cannot be thrown out like this. I also agree with GK Manjunath in advising you to consult a Legal Expert. You must provide him all the facts and figures.
Secondly, if the exit is the only panacea, you may ask for the compensation suggested by you - Gratuity, retrenchment allowance, leave encashment, and the like. In that case, also paying compensation better than as mentioned in the law is treated well in law.
Hurry up
From India, Haora
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Secondly, if the exit is the only panacea, you may ask for the compensation suggested by you - Gratuity, retrenchment allowance, leave encashment, and the like. In that case, also paying compensation better than as mentioned in the law is treated well in law.
Hurry up
From India, Haora
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What happens if you refuse to resign ? If they terminate your services, what compensation will you get ? What have they paid to others ?
From India, Mumbai
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From India, Mumbai
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Mr.Venkakommi,
As wel said by Mr.Manjunath,you are under the purview of ID Act to claim for retrenchment compensaion as your nature of work and wages are both higher than the stipulated conditions.You can not go for labour court.But My personal suggession is that why you are going for raising a dispute? You are having more than 9.5 Years of expn and you had performed as a project leader then you may get another good oppernunity in any of software industry.Please think that these momients of your life are tending you to be emotional and take decision according to your heart and feeling and not intelluctaly.Let these moments pass keep calm and dont go for any dispute.If you file a case against HR this case wll lye under CIVIL Couts and will not be concluded for many years.This will affect your future career.
Just put your resigantion with pleasent mood and smily ask HR to pay your
NOTICE PAY
Gratuity
I am sure that they will clear your debt.In mean time please serach for another oppertunity.Good things always happens with Good people....
Mangesh Wakodkar
Aurangbad
From India, Pune
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As wel said by Mr.Manjunath,you are under the purview of ID Act to claim for retrenchment compensaion as your nature of work and wages are both higher than the stipulated conditions.You can not go for labour court.But My personal suggession is that why you are going for raising a dispute? You are having more than 9.5 Years of expn and you had performed as a project leader then you may get another good oppernunity in any of software industry.Please think that these momients of your life are tending you to be emotional and take decision according to your heart and feeling and not intelluctaly.Let these moments pass keep calm and dont go for any dispute.If you file a case against HR this case wll lye under CIVIL Couts and will not be concluded for many years.This will affect your future career.
Just put your resigantion with pleasent mood and smily ask HR to pay your
NOTICE PAY
Gratuity
I am sure that they will clear your debt.In mean time please serach for another oppertunity.Good things always happens with Good people....
Mangesh Wakodkar
Aurangbad
From India, Pune
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Hello,
Your case and queries rest on:
1) Your status as an employee! Not your designation, not your salary! One has to be clear if the work you actually carry out conforms to the definition of "workman" as per the Industrial Disputes Act, 1947.
2) What is the total strength of your company category-wise?
3) What are the terms and conditions that bind your mutual relations as regards rights and responsibilities?
4) Have you signed any bonds, like for a minimum length of service, etc.?
One can really address your queries only after studying the above documents.
Subject to the above and general clauses in any appointment letters, the company can terminate your employment if you do not resign. Further, you will be entitled to only what is rightfully due as per the terms and conditions of employment and relevant laws (if applicable).
Also, it is very difficult to explain a "termination" on your resume to any prospective employer. It is relatively less cumbersome to explain why you left earlier employment without securing another employment first. You may be able to even build credible-looking stories to get out of such a predicament!
I would only suggest that you must NEVER let emotions get the better of reason, at least in matters of employment or career!
This response may sound rather cautious, but it is better to be safe than sorry!
Regards,
Samvedan
June 3, 2012
From India, Pune
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Your case and queries rest on:
1) Your status as an employee! Not your designation, not your salary! One has to be clear if the work you actually carry out conforms to the definition of "workman" as per the Industrial Disputes Act, 1947.
2) What is the total strength of your company category-wise?
3) What are the terms and conditions that bind your mutual relations as regards rights and responsibilities?
4) Have you signed any bonds, like for a minimum length of service, etc.?
One can really address your queries only after studying the above documents.
Subject to the above and general clauses in any appointment letters, the company can terminate your employment if you do not resign. Further, you will be entitled to only what is rightfully due as per the terms and conditions of employment and relevant laws (if applicable).
Also, it is very difficult to explain a "termination" on your resume to any prospective employer. It is relatively less cumbersome to explain why you left earlier employment without securing another employment first. You may be able to even build credible-looking stories to get out of such a predicament!
I would only suggest that you must NEVER let emotions get the better of reason, at least in matters of employment or career!
This response may sound rather cautious, but it is better to be safe than sorry!
Regards,
Samvedan
June 3, 2012
From India, Pune
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Hi,
With due respect to all the responses above, I would like to suggest a few steps you may take on your own now.
1) Go through your employment/offer letter thoroughly to understand the clauses that can encourage/prevent you from taking any further steps towards demanding your rights. Seek help from an HR/legal expert to understand the terms/clauses if required.
2) Once you are aware of all the terms & clauses, list them down. Include all the things you believe you should receive on termination, such as Gratuity, Salary in Lieu, Compensation, and other benefits.
3) You can then speak to HR about all the points you noted and discuss mutually/peacefully the treatment for all the points concerning you.
4) If HR does not agree on certain things, ask them to explain/justify with a reason and provide you with a reference for that.
5) You can request to have in writing all such payments that will be part of your termination/full and final settlement package. You may also insist on final amounts and dates when you will receive such amounts.
6) In the event of being dissatisfied with the discussion, escalate the meeting to senior management who you believe can help resolve this.
7) If nothing works, seek legal assistance from an external party/legal consultant.
Wishing you all the best.
Regards,
Vimal.
From India, Hyderabad
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With due respect to all the responses above, I would like to suggest a few steps you may take on your own now.
1) Go through your employment/offer letter thoroughly to understand the clauses that can encourage/prevent you from taking any further steps towards demanding your rights. Seek help from an HR/legal expert to understand the terms/clauses if required.
2) Once you are aware of all the terms & clauses, list them down. Include all the things you believe you should receive on termination, such as Gratuity, Salary in Lieu, Compensation, and other benefits.
3) You can then speak to HR about all the points you noted and discuss mutually/peacefully the treatment for all the points concerning you.
4) If HR does not agree on certain things, ask them to explain/justify with a reason and provide you with a reference for that.
5) You can request to have in writing all such payments that will be part of your termination/full and final settlement package. You may also insist on final amounts and dates when you will receive such amounts.
6) In the event of being dissatisfied with the discussion, escalate the meeting to senior management who you believe can help resolve this.
7) If nothing works, seek legal assistance from an external party/legal consultant.
Wishing you all the best.
Regards,
Vimal.
From India, Hyderabad
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Hi Venkat,
You have been associated with the same company for the last 9.5 years. It is really a long time, and you have grown along with the system. Definitely, you have been an asset to the company. Now, my query is, is it only because there is no project for you for the last 3 months that HR is asking you to resign? In that case, how many other people have been asked to resign in your company?
From India, Vijayawada
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You have been associated with the same company for the last 9.5 years. It is really a long time, and you have grown along with the system. Definitely, you have been an asset to the company. Now, my query is, is it only because there is no project for you for the last 3 months that HR is asking you to resign? In that case, how many other people have been asked to resign in your company?
From India, Vijayawada
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Dear Sir,
I recently started a new job in the HR department as a Senior HR, but there seems to be an issue. When I joined, the director's secretary questioned the decision to hire me, citing that there were already two candidates for the HR profile. The secretary now seems intent on keeping me idle and demonstrating to the directors that I am of no use.
On the other hand, when an employee left their position in the HR department, I took the initiative to handle the workload. However, the director and his secretary informed my colleague that I shouldn't have taken on the responsibilities of the departing employee. They expressed a preference for their own candidate for the role.
I am being pressured to resign, but is it justified to force someone out of their job? My appointment letter stated a probation period of six months, but is it reasonable to terminate my employment during this time? Previously, I held a permanent position as an Assistant Manager at another company.
They have already started restricting my access to systems to portray me as idle and expedite my departure. How can I protect my job in HR and address this situation?
Thank you for your guidance.
From India, Delhi
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I recently started a new job in the HR department as a Senior HR, but there seems to be an issue. When I joined, the director's secretary questioned the decision to hire me, citing that there were already two candidates for the HR profile. The secretary now seems intent on keeping me idle and demonstrating to the directors that I am of no use.
On the other hand, when an employee left their position in the HR department, I took the initiative to handle the workload. However, the director and his secretary informed my colleague that I shouldn't have taken on the responsibilities of the departing employee. They expressed a preference for their own candidate for the role.
I am being pressured to resign, but is it justified to force someone out of their job? My appointment letter stated a probation period of six months, but is it reasonable to terminate my employment during this time? Previously, I held a permanent position as an Assistant Manager at another company.
They have already started restricting my access to systems to portray me as idle and expedite my departure. How can I protect my job in HR and address this situation?
Thank you for your guidance.
From India, Delhi
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Dear Venkat, you just have look into the your appointment which had given by the company ten years back and have look into the employee hand book those will be guide you. Regards, Ashok
From India, Hyderabad
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From India, Hyderabad
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Dear all,
Thank you very much for your valuable inputs and suggestions. Every Indian company wants to get rid of senior people - it is no surprise. I myself screened close to 100 resumes and ensured less experienced individuals were included in the project. However, the company is trying to dismiss employees who have dedicated 9-10 years of their active lives to the company, sacrificing time with family and working day and night, including weekends. Now, the company somehow wants to part ways with these employees because seniors are considered expensive, and they aim to save costs on senior staff. This situation is really hurting me.
From India
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Thank you very much for your valuable inputs and suggestions. Every Indian company wants to get rid of senior people - it is no surprise. I myself screened close to 100 resumes and ensured less experienced individuals were included in the project. However, the company is trying to dismiss employees who have dedicated 9-10 years of their active lives to the company, sacrificing time with family and working day and night, including weekends. Now, the company somehow wants to part ways with these employees because seniors are considered expensive, and they aim to save costs on senior staff. This situation is really hurting me.
From India
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