I was asked to resign with no cause. Reason stated was performance. but at no point was i put on a performance improvement plan or in any discussion. I was told to resign and leave within 7 days. compensation for the current month was prorated. my letter of appointment states that either party can terminate with 90 days written notice. I have discussed the same with the management but they say the max they can do is give one month compensation, this also they are not sure they will do.
This is ridiculous and I want to do something about it. any advice?
From India, Bangalore
This is ridiculous and I want to do something about it. any advice?
From India, Bangalore
In case whatever you have mentioned is correct, its not an ethical and professional approach. if you have time and wish to move further it can be legally challenged. Also if you falls under workmen category (not clear from your response what position you hold) than it would be an illegal termination.
From India, Gurgaon
From India, Gurgaon
If you have resigned, then you don't have much options. The company has option of accepting it and reducing the notice pay.
If you do not resign, they would terminate you.
In that case, where do you stand ? You will get 3 months notice pay but will be get a relieving letter that says you are terminated
From India, Mumbai
2395If you do not resign, they would terminate you.
In that case, where do you stand ? You will get 3 months notice pay but will be get a relieving letter that says you are terminated
From India, Mumbai
I agree with Mr. Banerjee there are two options available with you, if you want a clean chit resign and get the FNF whatever is offered/given, the management is at will to reduce your notice period and relieve you immediately. If you want 3 months notice pay the company will terminate you and accordingly your certificate says so.
From India, Ahmadabad
From India, Ahmadabad
Dear Shalomchris,
You have resigned which means you tendered on your own the resignation letter. This you can not easily and legally backtrack . However, have you written in said resignation to relieve you as per service rules or after 3 months? If it is there , then you can demand and enforce legally 90 days is gross salary as you will be ready to attend office/ work .
If you have not mentioned anything about relieving date, then company can relieve you any day waiving your notice period .
If company has not endorsed any acceptance remarks on your copy of resignation letter or HR has not issued you acceptance letter so far, you write mail/ send letter to HR referring your resignation letter that your relieving will be with FNF on 90 th day (write date) as per Appointment letter and in this situation, you are entitled to gross salary in case company relieves you before .
Best wishes,
RDS Yadav
Labour Law Adviser,
Director-Future Instt of Management and Technology
From India, Delhi
You have resigned which means you tendered on your own the resignation letter. This you can not easily and legally backtrack . However, have you written in said resignation to relieve you as per service rules or after 3 months? If it is there , then you can demand and enforce legally 90 days is gross salary as you will be ready to attend office/ work .
If you have not mentioned anything about relieving date, then company can relieve you any day waiving your notice period .
If company has not endorsed any acceptance remarks on your copy of resignation letter or HR has not issued you acceptance letter so far, you write mail/ send letter to HR referring your resignation letter that your relieving will be with FNF on 90 th day (write date) as per Appointment letter and in this situation, you are entitled to gross salary in case company relieves you before .
Best wishes,
RDS Yadav
Labour Law Adviser,
Director-Future Instt of Management and Technology
From India, Delhi
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