Since the last 5 months, I had been working with a company in Gurgaon as a technical support officer.
Yesterday, all of a sudden, my manager called me and one more employee at the end of the shift and asked us to resign as they no longer required our services.
We had an idea because there was an order from the management to reduce the number of employees as there were fewer calls in the last 5 days, but the reason they gave us was really crazy.
They said they were not happy with my conduct in the office and were asking me to leave because I took a 10-day leave for my examinations. The leaves were approved by the managers. We were told about these leaves at the time of joining the company during the induction session.
I haven't sent the resignation yet because I told them that all the proceedings should be performed at their end and not by me since it was them who asked me to leave.
But I was told if I do not send them a resignation through email, then I would be terminated and wouldn't get any experience letter or F&F.
Please suggest what to do as there are hundreds of questions flooding through my mind, like approaching the labor court, doing what they are asking me to do, or refusing to resign...?
From India, New Delhi
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Yesterday, all of a sudden, my manager called me and one more employee at the end of the shift and asked us to resign as they no longer required our services.
We had an idea because there was an order from the management to reduce the number of employees as there were fewer calls in the last 5 days, but the reason they gave us was really crazy.
They said they were not happy with my conduct in the office and were asking me to leave because I took a 10-day leave for my examinations. The leaves were approved by the managers. We were told about these leaves at the time of joining the company during the induction session.
I haven't sent the resignation yet because I told them that all the proceedings should be performed at their end and not by me since it was them who asked me to leave.
But I was told if I do not send them a resignation through email, then I would be terminated and wouldn't get any experience letter or F&F.
Please suggest what to do as there are hundreds of questions flooding through my mind, like approaching the labor court, doing what they are asking me to do, or refusing to resign...?
From India, New Delhi
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A service of an employee cannot be terminated on the whims of the employee. If charges are leveled against you, then the company needs to prove such charges by holding a domestic enquiry. You have the right to ask your employer to take steps as they will be in more trouble if they terminate you rather than if you resign yourself. However, since your period of service is very short (5 months), you will not be entitled to a huge full and final settlement. It is now a premature stage to approach court. First, the company has to take a step, and then only you can seek guidance for approaching the labor court. Check www.labourlawhub.com for more information on labor laws in India.
From India, Kolkata
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260From India, Kolkata
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One can move on or take a stand. Termination is to be done following the laid-down procedure - no whims and fancies - that is what the law says. But in reality, how many will take a stand and go to the Labour officer, court, etc., and spend his/her time. Laws exist on paper, but only when people follow them does it work. Here, the manager is bold because he knows very few have the capacity and time to proceed in a legal manner.
From India, Pune
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From India, Pune
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Before approaching to labor court, My suggestion is to go thoroughly to your appointment letter regarding the clauses of termination
From India, Hyderabad
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From India, Hyderabad
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Hi,
If your employer terminates your services, then they have to pay according to their separation policy (kindly go through your Appointment Letter to know more). However, Termination is a black spot on your resume that will affect your future. Hence, talk to your boss politely and ask him to give you the notice period or payment in lieu of that (as per your company's HR policy). If your boss is adamant about immediate resignation, the best you can do is to draft an official email to your boss, copy all your seniors, and mention the situation in the email. Ask for the chance to either serve the notice period or receive payment in lieu of that as it is a management decision and not yours.
Thank you.
From India, Delhi
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If your employer terminates your services, then they have to pay according to their separation policy (kindly go through your Appointment Letter to know more). However, Termination is a black spot on your resume that will affect your future. Hence, talk to your boss politely and ask him to give you the notice period or payment in lieu of that (as per your company's HR policy). If your boss is adamant about immediate resignation, the best you can do is to draft an official email to your boss, copy all your seniors, and mention the situation in the email. Ask for the chance to either serve the notice period or receive payment in lieu of that as it is a management decision and not yours.
Thank you.
From India, Delhi
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Dear [Recipient],
I can understand your situation. It is unethical behavior of your employer. In this situation, you can do two things:
1. Check your offer letter and appointment letter and read the clause of Notice Period.
2. They are right; in this kind of situation, you should email them for resignation before they email you for termination. Resignation is far better than termination. Don't worry about what your next company will ask. Just be honest that it was a layoff, so I want to leave the company. Find a clause for serving the notice period and request the employer to give you a few days. I'm sure he will get ready.
From India, Pune
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I can understand your situation. It is unethical behavior of your employer. In this situation, you can do two things:
1. Check your offer letter and appointment letter and read the clause of Notice Period.
2. They are right; in this kind of situation, you should email them for resignation before they email you for termination. Resignation is far better than termination. Don't worry about what your next company will ask. Just be honest that it was a layoff, so I want to leave the company. Find a clause for serving the notice period and request the employer to give you a few days. I'm sure he will get ready.
From India, Pune
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Karnataka Leave.xlsx
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