Recently, I have been asked to resign from the position of AREA MANAGER for a life insurance company due to misbehavior on the phone with seniors. The company did not issue a formal notice but directly provided me with a deadline date to stop coming to the office from that day. I am a permanent employee, and according to the offer letter, either party can serve a 30-day notice period before resigning from the job.
I am seeking advice on what steps I should take in this situation. I am looking forward to a constructive discussion.
From India, Jaipur
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I am seeking advice on what steps I should take in this situation. I am looking forward to a constructive discussion.
From India, Jaipur
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Hi Sushil,
You seem to be working in Rajasthan. If that is the case, the Rajasthan Shops and Establishment Act, 1958 is applicable. However, if you are not performing management functions, then you are not covered under the definition of an employer, which includes a manager. In this scenario, you would be considered an employee.
As a confirmed employee, under section 28B of the Act, you cannot be terminated without reasonable cause and without one month's notice or in lieu of a notice period. It appears that both of these conditions are lacking in your case, making the termination illegal.
Thanks,
Sushil
From India, New Delhi
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236You seem to be working in Rajasthan. If that is the case, the Rajasthan Shops and Establishment Act, 1958 is applicable. However, if you are not performing management functions, then you are not covered under the definition of an employer, which includes a manager. In this scenario, you would be considered an employee.
As a confirmed employee, under section 28B of the Act, you cannot be terminated without reasonable cause and without one month's notice or in lieu of a notice period. It appears that both of these conditions are lacking in your case, making the termination illegal.
Thanks,
Sushil
From India, New Delhi
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Dear Sushil ji,
May I ask you, if the concerned employee is not covered as an employee, then what? In this case, is the termination not illegal?
Thank you.
From India, Mumbai
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May I ask you, if the concerned employee is not covered as an employee, then what? In this case, is the termination not illegal?
Thank you.
From India, Mumbai
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Dear Kargaonkarji,
If he is not an employee under the said Act, then only a civil suit will lie for the recovery of damages. My concern was to emphasize that he should firstly seek a better remedy which may entitle him to reinstatement even. It sometimes happens that even a person holding the designation of Area Manager is covered under the definition of a workman defined under the ID Act, which depends upon the nature of duties and functions they perform. In this case, this remedy is also available. In both of these cases, the thrust is the master-servant relationship must exist, by virtue of which termination gives cause of action.
Thanks,
Sushil
From India, New Delhi
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If he is not an employee under the said Act, then only a civil suit will lie for the recovery of damages. My concern was to emphasize that he should firstly seek a better remedy which may entitle him to reinstatement even. It sometimes happens that even a person holding the designation of Area Manager is covered under the definition of a workman defined under the ID Act, which depends upon the nature of duties and functions they perform. In this case, this remedy is also available. In both of these cases, the thrust is the master-servant relationship must exist, by virtue of which termination gives cause of action.
Thanks,
Sushil
From India, New Delhi
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Thanks for your words, but there is one more catch. The HR has asked me to resign for a forceful resignation on a certain date. Beyond that date, I am not allowed to work. They have directly issued me a relieving letter for that particular date as my last day of working without my resignation. Can you suggest how I can proceed in this matter? The complete process adopted by them is unlawful as it does not adhere to the terms and conditions mentioned in the offer letter.
From India, Jaipur
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From India, Jaipur
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Dear Shobhit,
You have accepted that you have misbehaved with your seniors, which goes against any work ethics. The company has decided to treat you as a resigned employee rather than terminating you, as termination would leave a negative mark on your career. Kindly share the complete clause from your appointment letter regarding the serving of the notice period. However, you may always approach HR and negotiate for 30 days' salary on a friendly note.
Chitra
From India, Bangalore
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You have accepted that you have misbehaved with your seniors, which goes against any work ethics. The company has decided to treat you as a resigned employee rather than terminating you, as termination would leave a negative mark on your career. Kindly share the complete clause from your appointment letter regarding the serving of the notice period. However, you may always approach HR and negotiate for 30 days' salary on a friendly note.
Chitra
From India, Bangalore
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All of you are giving good suggestions, but nobody is reading the cause. Mr. Area Manager has committed some misbehavior over the telephone to a senior, and this no company would tolerate, at least not a company that runs professionally. So first and foremost, he/she has to find out what the cause was and later try to give your good suggestions.
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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Hi,
A few points need to be clarified by you:
1) If it is a forced resignation, the onus will be on the employee to prove it.
2) If you misbehaved with your seniors and if they have evidence for the same, yes, the management has the right to remove you from the job (of course, they have to provide you the opportunity to explain your side).
3) No courts will accept misbehavior by employees.
4) What kind of disciplinary actions are defined in your appointment or service guidelines?
5) Unless defined in the appointment order/service guidelines, an employee cannot be subjected to "disciplinary actions." If you really committed the mistake, acknowledge the same, and try to convince the HR dept/management to provide one more opportunity to you. If the mistake is on your side, any legal action you are planning against the company will be futile.
Regards,
R. Sudhakar
From India, Bangalore
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A few points need to be clarified by you:
1) If it is a forced resignation, the onus will be on the employee to prove it.
2) If you misbehaved with your seniors and if they have evidence for the same, yes, the management has the right to remove you from the job (of course, they have to provide you the opportunity to explain your side).
3) No courts will accept misbehavior by employees.
4) What kind of disciplinary actions are defined in your appointment or service guidelines?
5) Unless defined in the appointment order/service guidelines, an employee cannot be subjected to "disciplinary actions." If you really committed the mistake, acknowledge the same, and try to convince the HR dept/management to provide one more opportunity to you. If the mistake is on your side, any legal action you are planning against the company will be futile.
Regards,
R. Sudhakar
From India, Bangalore
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Dear Chitra,
It has been manipulated as misbehavior, but it was all a heated argument in response to their wrongful doings to me over the phone. They have conveyed this to HR without conducting any investigation into my side of the matter. HR then issued me a notice period for forced resignation, followed by a relieving letter stating, "As per your interest, we are accepting your resignation," without providing me the sufficient 30 days' notice period as per the offer letter. I have shown no interest in resigning from my work. Could you please suggest what I should do?
Thank you.
From India, Jaipur
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It has been manipulated as misbehavior, but it was all a heated argument in response to their wrongful doings to me over the phone. They have conveyed this to HR without conducting any investigation into my side of the matter. HR then issued me a notice period for forced resignation, followed by a relieving letter stating, "As per your interest, we are accepting your resignation," without providing me the sufficient 30 days' notice period as per the offer letter. I have shown no interest in resigning from my work. Could you please suggest what I should do?
Thank you.
From India, Jaipur
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