Employer forcing for resignation
4 years ago
I am a HR associate in a company working on a third party pay roll.My RHRM is telling us to resign as currently lockdown is going on and basically our work is related to hiring and in this situation hiring is freezed. So they don't need HR associate currently that's why they are not renewing the contract with the third party . The RHRM is telling us to resign otherwise there will be a termination from there side. We are team of 5 in the East zone and we all are ready at 50% salary deduction ..even if it is not possible we are ready at LOP ..NO WORK NO PAY ..LEAVE WITHOUT PAY TILL lockdown but they are telling us to resign. What to do if we would resign then in next 6 month we will be not getting any job due to lockdown..atleast with LOP or salary deduction we will be with a backup that we have something in our hand.. They have told to give a resign on second may 2020 ,they will be giving 15 days notice period till 15 to us.. They are not giving us anything on Email whatever the conversation was with us it was via phone call... We also told them that give a mail that we don't need you so as per the contract we are giving you 15 days notice period you all will have to resign on 2nd May. They are not ready for this also.. Me and my team is really very upset we are unable to understand what to do in this situation..we have a family we have loans..we have certain responsibilities.. Kindly help us by giving ur suggestion and opinion.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.I hope you are doing good. In ordinary scenarios, the company has the right to lay off by following the rules and regulations.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
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A.Dear Sir,
In view of the following they cannot do like that. You can get issue a legal notice and also approach labor commissioner. Please give me Rank 5 if you feel my answers also helped you
====================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
A. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;• advisors, officers, inspectors, etc., appointed under various labour laws;• medical benefit councils and medical officers;• welfare committees and officers;•
Pay boards; conciliation committees and officers;• grievance cells;• workers’ committees; or• consultation committees.• Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers: they can carry out any inquiry and examination with respect to the interests of the employees;• they can make and implement programs for the benefit of the employees, e.g., provident fund• plans and insurance plans; they can provide for any damages suffered by an employee during the course of employment;• they ensure compliance with provisions of various labour legislation regarding sickness benefits,• maternity benefits, disability benefits, etc.; they are responsible for promoting health programs and measures for the benefit of employees;• they can investigate, or form committees to investigate, complaints filed by employees;• they have the power to call for adoption of proper safety measures;• they can call for, or require medical examination of, employees to check for healthy working• conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
In view of the following they cannot do like that. You can get issue a legal notice and also approach labor commissioner. Please give me Rank 5 if you feel my answers also helped you
====================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
A. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;• advisors, officers, inspectors, etc., appointed under various labour laws;• medical benefit councils and medical officers;• welfare committees and officers;•
Pay boards; conciliation committees and officers;• grievance cells;• workers’ committees; or• consultation committees.• Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers: they can carry out any inquiry and examination with respect to the interests of the employees;• they can make and implement programs for the benefit of the employees, e.g., provident fund• plans and insurance plans; they can provide for any damages suffered by an employee during the course of employment;• they ensure compliance with provisions of various labour legislation regarding sickness benefits,• maternity benefits, disability benefits, etc.; they are responsible for promoting health programs and measures for the benefit of employees;• they can investigate, or form committees to investigate, complaints filed by employees;• they have the power to call for adoption of proper safety measures;• they can call for, or require medical examination of, employees to check for healthy working• conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
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Naveen Sharma
Responded 4 years ago
A.Do not resign. Do not worry as even if they terminate at this time they will have to give some compensation to you. But in any case do not agree to resignation. Also, if possible send a notice threatening legal action as in this manner you will have some leverage for getting some compensation out of them. However, in any case without feeling dejected, do understand that you will not be able to stop termination in case they do decide to do so. The only option in that case would be to file a case for compensation or damages for wrongful termination.
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Narendra Dubey
Responded 4 years ago
A.For proper advise I need all the details.
In which state you are employed?
Then only I will be able to guide you as per applicable rules during lockdown.
And as per section 10 of the NDMA the employer has to give salary during lockdown.
ask them everything on mail.
In which state you are employed?
Then only I will be able to guide you as per applicable rules during lockdown.
And as per section 10 of the NDMA the employer has to give salary during lockdown.
ask them everything on mail.
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