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
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
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
73Salary 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
Dear friend,
Your HR cannot ask you simply to resign. On what basis your HR is asking your resignation? How is your organisation is faring? The retrenchment as per ID Act is on the basis of last come first go. First, you understand that being a team leader you are not coming under the Sec. 2(s) of the ID Act. You cannot go to labour court and claim benefits.
Regarding the compensation, it is as per your company's rules and regulations and terms of your appointment.
Look at the prospect of your future and take a proper decision.
Pl. consult a legal adviser before initiating any action against your company as it is time consuming process and costs you heavily.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
Your HR cannot ask you simply to resign. On what basis your HR is asking your resignation? How is your organisation is faring? The retrenchment as per ID Act is on the basis of last come first go. First, you understand that being a team leader you are not coming under the Sec. 2(s) of the ID Act. You cannot go to labour court and claim benefits.
Regarding the compensation, it is as per your company's rules and regulations and terms of your appointment.
Look at the prospect of your future and take a proper decision.
Pl. consult a legal adviser before initiating any action against your company as it is time consuming process and costs you heavily.
G.K.Manjunath,
Sr. Manager-HR
From India, Bangalore
Unless it is specified in the company's Rules and Regulation 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 law, is treated good in law.
Hurry up
From India, Haora
Hurry up
From India, Haora
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
From India, Mumbai
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
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
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" Industrial Disputes Act 1947
2) What is the total strength of your company categorywise?
3) What are the terms & conditions that bind your mutual relations as regards rights and responsibilities?
4) Have you signed any bonds, like for 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 do not resign. Further you will be entitled to only what is rightfully due by terms and conditions of employment and concerned 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 first another employment. 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 the 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
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" Industrial Disputes Act 1947
2) What is the total strength of your company categorywise?
3) What are the terms & conditions that bind your mutual relations as regards rights and responsibilities?
4) Have you signed any bonds, like for 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 do not resign. Further you will be entitled to only what is rightfully due by terms and conditions of employment and concerned 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 first another employment. 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 the 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
Hi,
With due respect to all the responses above I would like to suggest few steps you may take on your own now.
1) Go through your employment/ offer letter thoroughly to understand the clauses which can encourage/ prevent you to take any further step towards demanding your rights. Take a help of 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 which you think you should be getting on termination like Gratuity, Salary in Lieu, Compensation and other benefits.
3) You can then speak to HR on all the points you noted and discuss mutually/ peacefully on the treatment for all the points for you.
4) If HR doesn't agree on certain things ask them to explain/ justify that with a reason and give you a reference to that.
5) You can ask to give them in writing all such payments which will be a part of your termination/ full and final settlement package. You may also insist for final amounts and dates when you will receive such amounts.
6) In this event of discussion if you are dissatisfied, escalate the meeting with senior management who you think can help resolve this.
7) If nothing works, take legal help of an external party/ legal consultant.
Wish you all the best.
Regards,
Vimal.
From India, Hyderabad
With due respect to all the responses above I would like to suggest few steps you may take on your own now.
1) Go through your employment/ offer letter thoroughly to understand the clauses which can encourage/ prevent you to take any further step towards demanding your rights. Take a help of 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 which you think you should be getting on termination like Gratuity, Salary in Lieu, Compensation and other benefits.
3) You can then speak to HR on all the points you noted and discuss mutually/ peacefully on the treatment for all the points for you.
4) If HR doesn't agree on certain things ask them to explain/ justify that with a reason and give you a reference to that.
5) You can ask to give them in writing all such payments which will be a part of your termination/ full and final settlement package. You may also insist for final amounts and dates when you will receive such amounts.
6) In this event of discussion if you are dissatisfied, escalate the meeting with senior management who you think can help resolve this.
7) If nothing works, take legal help of an external party/ legal consultant.
Wish you all the best.
Regards,
Vimal.
From India, Hyderabad
Hi Venkat,
you are 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 and definitely you have been an asset for the company. Now my query is is it only because there is no project for you for last 3 months HR is asking you to resign? In that case how many other people have been asked to resign in your company?
From India, Vijayawada
you are 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 and definitely you have been an asset for the company. Now my query is is it only because there is no project for you for last 3 months HR is asking you to resign? In that case how many other people have been asked to resign in your company?
From India, Vijayawada
Dear Sir,
As I got the new job in hr department as Sr. HR but the problem is this when I joined so director's secretary said what is the logic of hiring me as there are already having 2 candidates for hr profile.So now the problem is this the secretary want to sit me idle and try to show to directors that I am idle and of not use.
On another side when the 1 employee left the job in hr department so I had started to taken the initiative to work but the director or his secretary told to my companion that why he handled the work of left employee.We dont want the work from me and they start to bring there own candidate for the profile.
Now they force me to do resign so this is the valid response to force anybody to leave the job.As per my appointment letter they told that I will be on probation for 6 months but it is the valid reason to resigned me from the job.On probation they force me to do resign as where i was working i was permanent and i was working there Asst. Manager.
Now what to do because when they force me to resign so they had started my blocking of system that they can show idle and free me on earliest basis.
How can I save my job because I am in hr how to raise my voice against this.
From India, Faridabad
As I got the new job in hr department as Sr. HR but the problem is this when I joined so director's secretary said what is the logic of hiring me as there are already having 2 candidates for hr profile.So now the problem is this the secretary want to sit me idle and try to show to directors that I am idle and of not use.
On another side when the 1 employee left the job in hr department so I had started to taken the initiative to work but the director or his secretary told to my companion that why he handled the work of left employee.We dont want the work from me and they start to bring there own candidate for the profile.
Now they force me to do resign so this is the valid response to force anybody to leave the job.As per my appointment letter they told that I will be on probation for 6 months but it is the valid reason to resigned me from the job.On probation they force me to do resign as where i was working i was permanent and i was working there Asst. Manager.
Now what to do because when they force me to resign so they had started my blocking of system that they can show idle and free me on earliest basis.
How can I save my job because I am in hr how to raise my voice against this.
From India, Faridabad
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