Recently i have been asked to resign from the position of AREA MANAGER for a life insurance company on account of doing misbehaviour on phone with seniors. Notice which company has served me is not a notice and directly served me a deadline date not to come office from this date. let me know what should i do as i am a confirm employee and as per offer letter either party can serve notice period for 30 days before resigning from job..
Looking forward for healthy discussion.
From India, Jaipur
Looking forward for healthy discussion.
From India, Jaipur
You seem to be working in Rajasthan. If that be so, the Rajasthan Shops and Establishment Act, 1958 is applicable. But if you are not rendering management functions then you are not covered under definition of employer inclusive of manager. If that be so you are covered as employee. And being confirmed, under section 28B of the Act you cannot be terminated without reasonable cause and without one month's notice or in lieu notice period. Here both of these conditions seem to lacking and thus termination is illegal.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
Dear Sushil ji,
May I ask you if the concern employee is not covered as employee then what? In this case is the termination not illegal?
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From India, Mumbai
May I ask you if the concern employee is not covered as employee then what? In this case is the termination not illegal?
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From India, Mumbai
Dear Kargaonkarji,
If he is not an employee under the said Act then only civil suit will lie for recovery of damages. My concern was to emphasis that he should firstly seek better remedy which may entitle him reinstatement even. It sometimes happen that even person holding designation of Area Manager are covered under definition of workman defined under ID Act which depends upon nature of duties and functions they perform. Then this remedy is also available.In both of these cases, the thrust is master servant relationship must exist by virtue of which termination gives cause of action.
Thanks
Sushil
From India, New Delhi
If he is not an employee under the said Act then only civil suit will lie for recovery of damages. My concern was to emphasis that he should firstly seek better remedy which may entitle him reinstatement even. It sometimes happen that even person holding designation of Area Manager are covered under definition of workman defined under ID Act which depends upon nature of duties and functions they perform. Then this remedy is also available.In both of these cases, the thrust is master servant relationship must exist by virtue of which termination gives cause of action.
Thanks
Sushil
From India, New Delhi
Thanks for your words but there is one more catch ,as the HR has asked me to resign for forceful resignation on a certain date,beyond which i am not allowed to work , they have directly issued me reliving letter for that particular date as my last day of working without my resignation..SUGGEST me how can i go about in this matter as the complete process adopted by them is unlawful without adhering the terms and conditions mentioned in offer letter.
From India, Jaipur
From India, Jaipur
Dear Shobhit,
You have accepted that you have misbehaved with your seniors which is against any work ethics. The company has decided to treat you as a resigned employee rather than terminate as termination will be a negative mark to your career.
Kindly share the complete clause in your appointment letter regarding serving of notice period.
However you may always approach your HR and negotiate for the 30 days salary on a friendly note.
Chitra
From India, Bangalore
You have accepted that you have misbehaved with your seniors which is against any work ethics. The company has decided to treat you as a resigned employee rather than terminate as termination will be a negative mark to your career.
Kindly share the complete clause in your appointment letter regarding serving of notice period.
However you may always approach your HR and negotiate for the 30 days salary on a friendly note.
Chitra
From India, Bangalore
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 the company which runs professionally. So first and foremost he/she has to find out what was the cause and later try to give your good suggestions.
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
Hi
Few points needs 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 as 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 , misbehaviour 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 oppurtunity to you
if the mistake on your side, any legal action you are planning against the company will be futile only
regards
r sudhakar
From India, Bangalore
Few points needs 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 as 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 , misbehaviour 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 oppurtunity to you
if the mistake on your side, any legal action you are planning against the company will be futile only
regards
r sudhakar
From India, Bangalore
Dear Chitra
it has been manipulated as misbehavior and it was all hited argument for there wrongful doings to me on phone and they have conveyed the same to HR and HR has done no investigation in my matter and issued me notice period for forced resignation and there after reliving letter stating that as per your interest we are accepting your resignation, where in they have not given me sufficient notice period of 30 days as per offer letter and Ihave shown no interest in resigning from my work. Suggest me what should i do
From India, Jaipur
it has been manipulated as misbehavior and it was all hited argument for there wrongful doings to me on phone and they have conveyed the same to HR and HR has done no investigation in my matter and issued me notice period for forced resignation and there after reliving letter stating that as per your interest we are accepting your resignation, where in they have not given me sufficient notice period of 30 days as per offer letter and Ihave shown no interest in resigning from my work. Suggest me what should i do
From India, Jaipur
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