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Employee termination
4 years ago
I am working in a reputed IT COMPANY from past seven months. Yesterday I got a call from my manager saying that, I will have a call with my HR and the reporting manager regarding a discussion. Before to that he called and told me to submit my resignation. I asked him that, are you going to terminate me? He said no no this is not a termination. You have to submit your resignation so that you will get 45 days salary.
PM told to the employees, don't terminate employees during lockdown. But they terminated me from my services.
How can I take this forward?
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Not sure on what grounds, HR and your manager asked you to submit resignation. Please do not submit your resignation. If they terminate you, please approach the district magistrate to take appropriate steps ( if within lockdown), after lockdown, you may approach labour inspector.
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.Without detail discussion and review of the job agreement proper consult is not possible.
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A.Dear Sir,
Immediately approach the Labor Commissioner or Labor Inspector on the basis of the following circulars. My clients are saved by Labor Commissioner. Please give me Rank 5 if you feel my answer helped you.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Immediately approach the Labor Commissioner or Labor Inspector on the basis of the following circulars. My clients are saved by Labor Commissioner. Please give me Rank 5 if you feel my answer helped you.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
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A.Dear Client,
sad to know that. You can move ahead legally or otherwise depending on how you have signed the employment agreement and what are the ways and conditions they can terminate you.
sad to know that. You can move ahead legally or otherwise depending on how you have signed the employment agreement and what are the ways and conditions they can terminate you.
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