They are not officially giving letter for severence, but pushing for resignation and sending mails only. Please advise the legal process for the same. Can the termination be back dated. Regards,
From India, Thane
From India, Thane
Legally, no employer can coerce or compel his employees to resign for any reason. If the employee is an underperformer or habitual absentee, the employer can terminate his services after following the due process. If the employer wants to send some employees under some austerity measures, he can announce a voluntary separation scheme with some better package of terminal benefits. But unfortunately the IT and ITES employers in India adopt the coercion tactics like the one mentioned in the post to jettison the senior employees for the purpose of reduction in labor cost. Since the employees have high degree of employability, they also, though initially reluctant, eventually go out silently without resisting such move of the employers.If you are really serious about a collision course for establishing your legal rights, make a complaint to the area Labour Officer with the copies of the mails.It may help you.
From India, Salem
5967From India, Salem
Sir, Thanks for the response and clarification. I have few more queries-
I am on garden leave since last 2 months (verbal tele-conference with head of dept., stating redunancy, on Friday evening and asked to go on leave immediately from next monday, which i opposed strongly). I am trying to settle amicablly, provided they confirm - severence pay details, leave settelement, PF/Gratuity and taxation details as applicable, but no clarity yet.I have asked for a VRS as per parent company policy, as i have only 1 year of service left ( 150 days previlege leave balance). It will be beneficial from tax angle, no response on that front. They are still keeping the same stand and even not approving 20 days eligible previlege leave. I have still not officilally resigned nor they have given me severence letter in writing.
Please advise, what legal option is avaialble. Meanwhile they have hired a manager with less exp. and expertise.
Best Regards,
From India, Thane
I am on garden leave since last 2 months (verbal tele-conference with head of dept., stating redunancy, on Friday evening and asked to go on leave immediately from next monday, which i opposed strongly). I am trying to settle amicablly, provided they confirm - severence pay details, leave settelement, PF/Gratuity and taxation details as applicable, but no clarity yet.I have asked for a VRS as per parent company policy, as i have only 1 year of service left ( 150 days previlege leave balance). It will be beneficial from tax angle, no response on that front. They are still keeping the same stand and even not approving 20 days eligible previlege leave. I have still not officilally resigned nor they have given me severence letter in writing.
Please advise, what legal option is avaialble. Meanwhile they have hired a manager with less exp. and expertise.
Best Regards,
From India, Thane
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc