Hello Sir/Madam,
I have been working in a private company for the past 8 months and have also received a confirmation letter from the current company. However, there is now pressure on me to resign from my current position. I suspect that the management team may be planning to terminate me, as over the last 3-4 months, 5 employees have been terminated without any significant reason, with the explanation given that their performance was not satisfactory.
Please advise on what legal actions I can take if they are indeed planning to terminate me. I am feeling depressed due to this situation and would appreciate your help.
From India, New Delhi
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I have been working in a private company for the past 8 months and have also received a confirmation letter from the current company. However, there is now pressure on me to resign from my current position. I suspect that the management team may be planning to terminate me, as over the last 3-4 months, 5 employees have been terminated without any significant reason, with the explanation given that their performance was not satisfactory.
Please advise on what legal actions I can take if they are indeed planning to terminate me. I am feeling depressed due to this situation and would appreciate your help.
From India, New Delhi
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Hello Sir/Madam,
I have been working in a private company for the last 8 months and have also received a confirmation letter from the current company. However, there is pressure on me to resign from the current company. I suspect that the management team is planning to terminate me as in the past 3-4 months, 5 employees have been terminated without any significant reason, only stating that their performance was not good.
Please advise on what legal actions I can take if they are planning for termination. I am feeling depressed facing this type of situation and seek your help.
From India, New Delhi
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I have been working in a private company for the last 8 months and have also received a confirmation letter from the current company. However, there is pressure on me to resign from the current company. I suspect that the management team is planning to terminate me as in the past 3-4 months, 5 employees have been terminated without any significant reason, only stating that their performance was not good.
Please advise on what legal actions I can take if they are planning for termination. I am feeling depressed facing this type of situation and seek your help.
From India, New Delhi
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Hi,
Employees cannot be terminated just like that. Even if performance issues are there, a laid-down process has to be followed. If they compel you to resign, ask for the reason and also compensation as per employment terms.
From India, Madras
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1153Employees cannot be terminated just like that. Even if performance issues are there, a laid-down process has to be followed. If they compel you to resign, ask for the reason and also compensation as per employment terms.
From India, Madras
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Dear Davesh,
Resignation is a voluntary act of an employee relinquishing his job on his own. As such, legal as well as ethical HR practice requires that no coercion nor any compulsion be applied by the employer to make any employee put down his/her papers for whatever reason. If the employer is convinced of the exit of an employee, particularly a confirmed employee on account of any behavioral issue, he is at liberty to do so by strictly following the rules of discipline only. Insofar as termination of employment due to performance-related issues is concerned, the judicial dicta laid down so far in India state that underperformance or non-satisfactory performance on the part of an employee cannot be misconduct and as such, termination of employment on this score amounts to retrenchment as defined u/s 2(oo) of the ID Act, 1947. In this regard, the Supreme Court and various High Courts have categorically stated further that sufficient communication of the fact of non-performance or underperformance to the employee concerned is a must before such action. To avoid such a complicated procedure, sometimes some employers resort to exercising some sort of compulsion to make the employee resign from his job. As the actual reason behind such a move is known only to you, you can choose an appropriate course of action, i.e., whether to resign or to agitate.
From India, Salem
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Resignation is a voluntary act of an employee relinquishing his job on his own. As such, legal as well as ethical HR practice requires that no coercion nor any compulsion be applied by the employer to make any employee put down his/her papers for whatever reason. If the employer is convinced of the exit of an employee, particularly a confirmed employee on account of any behavioral issue, he is at liberty to do so by strictly following the rules of discipline only. Insofar as termination of employment due to performance-related issues is concerned, the judicial dicta laid down so far in India state that underperformance or non-satisfactory performance on the part of an employee cannot be misconduct and as such, termination of employment on this score amounts to retrenchment as defined u/s 2(oo) of the ID Act, 1947. In this regard, the Supreme Court and various High Courts have categorically stated further that sufficient communication of the fact of non-performance or underperformance to the employee concerned is a must before such action. To avoid such a complicated procedure, sometimes some employers resort to exercising some sort of compulsion to make the employee resign from his job. As the actual reason behind such a move is known only to you, you can choose an appropriate course of action, i.e., whether to resign or to agitate.
From India, Salem
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