I was working with XXX Home Finance India Limited. My department head and regional head forced me to resign without any performance or integrity issues. I informed the HR head, but they are not ready to withdraw my resignation. Currently, I am facing problems due to the lockdown from COVID-19. I am in Mumbai, staying on rent with various obligations. Please suggest how I can file a legal case against the company.
From India, Pune
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From India, Pune
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Immediately file a complaint against the management for forcing/coercing you to resign your job during lock down with the local labor office.
From India, Salem
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6185From India, Salem
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Submitting or tendering resignation by an employed person is a purely voluntary act. As a corollary, any involuntary act or force applied by anyone - superior, subordinate, or others - is outright unlawful, arbitrary, unfair, unjust, and improper and must be opposed/contested. Besides filing a complaint before the Labour Department, the aggrieved may take up the complaint with legal forums.
Moreover, after you were forced to submit a resignation application/letter, did you thereafter submit your resignation withdrawal application/letter until the date your resignation was processed/put through by your employer? Applying for withdrawal/no action on your earlier resignation letter was your right, and your employer had no privilege or right to disagree.
Kritarth Team,
Bengaluru Service Delivery Centre,
27.4.20
From India, Delhi
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Moreover, after you were forced to submit a resignation application/letter, did you thereafter submit your resignation withdrawal application/letter until the date your resignation was processed/put through by your employer? Applying for withdrawal/no action on your earlier resignation letter was your right, and your employer had no privilege or right to disagree.
Kritarth Team,
Bengaluru Service Delivery Centre,
27.4.20
From India, Delhi
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Hello Sir,
I am working in the market research company. When I joined this company, I was doing calling survey job as a telecaller. After observing my performance and sincerity, the company has moved me to another responsible department as a Data Analyst. Now, in this lockdown period, my company has decided to cut down the salary. Smartly, they have asked us to resign from the job, and then they will provide a new joining letter with the revised salary. The second option is to give them a consent letter stating that I have no problem with the deducted salary as per company norms and there will be no guarantee of repayment of the deducted amount in the future. I have refused both options as I am already working from home for them with additional work assigned, so I cannot accept this offer. Furthermore, I believe that at this time, they should support me for all the hard work I have contributed to the company. A salary cut will significantly impact my life.
Now, my company is planning to punish me by demoting me and requiring me to return to the calling job that I left almost one and a half years ago as a form of revenge.
What should I do? What is your suggestion?
Thank you,
From India, Bangalore
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I am working in the market research company. When I joined this company, I was doing calling survey job as a telecaller. After observing my performance and sincerity, the company has moved me to another responsible department as a Data Analyst. Now, in this lockdown period, my company has decided to cut down the salary. Smartly, they have asked us to resign from the job, and then they will provide a new joining letter with the revised salary. The second option is to give them a consent letter stating that I have no problem with the deducted salary as per company norms and there will be no guarantee of repayment of the deducted amount in the future. I have refused both options as I am already working from home for them with additional work assigned, so I cannot accept this offer. Furthermore, I believe that at this time, they should support me for all the hard work I have contributed to the company. A salary cut will significantly impact my life.
Now, my company is planning to punish me by demoting me and requiring me to return to the calling job that I left almost one and a half years ago as a form of revenge.
What should I do? What is your suggestion?
Thank you,
From India, Bangalore
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Dear Darshan,
Salary cut with the consent of the employees or demotion as an alternative is only a proposal by the management. Thus, the cause of action has not arisen for you to fight it.
In unexpected precarious circumstances like the present universal lockdown, the likelihood of its long-lasting adverse impacts compels employers to go in for salary cuts or retrenchment. It has to be viewed as a matter of expediency not based on any ethical perspective.
But certainly, I would share your concern that the proposed alternative of your demotion is neither legal nor moral.
When it happens, in my opinion, the option before you would be either to fight or flight.
From India, Salem
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Salary cut with the consent of the employees or demotion as an alternative is only a proposal by the management. Thus, the cause of action has not arisen for you to fight it.
In unexpected precarious circumstances like the present universal lockdown, the likelihood of its long-lasting adverse impacts compels employers to go in for salary cuts or retrenchment. It has to be viewed as a matter of expediency not based on any ethical perspective.
But certainly, I would share your concern that the proposed alternative of your demotion is neither legal nor moral.
When it happens, in my opinion, the option before you would be either to fight or flight.
From India, Salem
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Thank you for your reply.
There are only a number of employees who refused to provide anything in email (out of 100+). I am one of them who is not agreeing to their harsh conditions. That's the reason they are taking advantage of the situation. Can I defend myself in questioning why only I, who has good performance overall in my department, am being targeted for demotion? Is this valid for an employer to do?
As I can see, the next thing they want to do is penalize or punish me because I do not support their decision to work on a reduced salary. What are my defending options?
Thanks.
From India, Bangalore
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There are only a number of employees who refused to provide anything in email (out of 100+). I am one of them who is not agreeing to their harsh conditions. That's the reason they are taking advantage of the situation. Can I defend myself in questioning why only I, who has good performance overall in my department, am being targeted for demotion? Is this valid for an employer to do?
As I can see, the next thing they want to do is penalize or punish me because I do not support their decision to work on a reduced salary. What are my defending options?
Thanks.
From India, Bangalore
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Do not resign at any cost; let your employer terminate you. As suggested, immediately file a complaint against the management for forcing/coercing you to resign your job during lockdown with the local labor office and Collector. Do not hesitate to send a copy of the complaint to the Chief Justice, Mumbai.
From India, Mumbai
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From India, Mumbai
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Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.jpg
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