Hi Professionals,
I need your advice on the following. The employer is asking for the resignation of an employee based on a 3-month notice period. The employee has been with the company for 30 years and earns approximately 18 LPA. Please advise whether the employee should resign or if there are any legal remedies available. The employee holds the designation of Manager, with no direct reports and no financial authority being exercised. The work location is in Punjab, in the manufacturing industry.
I would appreciate an immediate response.
Thanks & Regards,
From India, Chandigarh
Acknowledge(0)
Amend(0)
1I need your advice on the following. The employer is asking for the resignation of an employee based on a 3-month notice period. The employee has been with the company for 30 years and earns approximately 18 LPA. Please advise whether the employee should resign or if there are any legal remedies available. The employee holds the designation of Manager, with no direct reports and no financial authority being exercised. The work location is in Punjab, in the manufacturing industry.
I would appreciate an immediate response.
Thanks & Regards,
From India, Chandigarh
Acknowledge(0)Amend(0)
Though he carries the job title of Manager, based on the limited description provided, it seems like he is more of a 'workman'. Therefore, the protection offered by labor laws (such as the Industrial Disputes Act 1947) is applicable. It is not advisable to resign from the position; instead, if the employer terminates the service, one should raise a dispute and proceed for adjudication as outlined in the ID Act.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Newheights,
What you have stated to make an impression that your job simply partakes the character of "workman" as defined under the IDA, 1947 is your own version and can be repudiated on the other parameters of a supervisor or of a manager.
Though conceptually it is true that mere designation or quantum of salary cannot be the decisive factor to decide the nature of an employee's job, it is equally important to prove that at an annual salary of Rs. 18 lakh, you have been discharging the duties of ONLY manual, unskilled, skilled, technical, operational, or clerical work, that too for 30 years in the same industrial establishment.
Under the modern management concept, the inevitable feature of specialization takes away the vesting of conventional integration of all managerial powers and functions upon a single position of authority. If there is a notice clause for mutual separation in the contract of employment, the employer can enforce it on proper grounds of reason.
Maybe to avoid an ignominious and forced exit, you might have been asked to put down the papers on your own.
Therefore, outsiders like us need more details of your original contract of employment, your educational qualifications, the functions discharged by you in the organization so far, your previous experience, etc.
From India, Salem
Acknowledge(0)Amend(0)
What you have stated to make an impression that your job simply partakes the character of "workman" as defined under the IDA, 1947 is your own version and can be repudiated on the other parameters of a supervisor or of a manager.
Though conceptually it is true that mere designation or quantum of salary cannot be the decisive factor to decide the nature of an employee's job, it is equally important to prove that at an annual salary of Rs. 18 lakh, you have been discharging the duties of ONLY manual, unskilled, skilled, technical, operational, or clerical work, that too for 30 years in the same industrial establishment.
Under the modern management concept, the inevitable feature of specialization takes away the vesting of conventional integration of all managerial powers and functions upon a single position of authority. If there is a notice clause for mutual separation in the contract of employment, the employer can enforce it on proper grounds of reason.
Maybe to avoid an ignominious and forced exit, you might have been asked to put down the papers on your own.
Therefore, outsiders like us need more details of your original contract of employment, your educational qualifications, the functions discharged by you in the organization so far, your previous experience, etc.
From India, Salem
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.