what if HR Asks to resign on call without Notice and without compensation?
8 months ago
Working in a company for last 13 Years and now company may ask me to resign for not able to give me project and I am on bench for 1 and half month only for the first time in thirteen plus years.
A.Dear Client,
For cessation of employment either through resignation or termination, both employer and employee are required to serve notice upon each other as per the terms of the contract of employment or offer letter. In the absence of any provision in the offer letter, following the provision of Clause 13 (1) of Schedule - I under The Industrial Employment (Standing Orders) Rules, 1946 is applicable which got an overriding effect on the subject. Thus for terminating the employment, notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen, may be paid in lieu of notice. In both the case of resignation or termination, an employee is entitled to get F & F Settlement of dues including service-linked benefits like gratuity, PF, encashment of leave etc from his employer/Company. In case the Company denies all these monetary benefits on cessation of employment and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
For cessation of employment either through resignation or termination, both employer and employee are required to serve notice upon each other as per the terms of the contract of employment or offer letter. In the absence of any provision in the offer letter, following the provision of Clause 13 (1) of Schedule - I under The Industrial Employment (Standing Orders) Rules, 1946 is applicable which got an overriding effect on the subject. Thus for terminating the employment, notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen, may be paid in lieu of notice. In both the case of resignation or termination, an employee is entitled to get F & F Settlement of dues including service-linked benefits like gratuity, PF, encashment of leave etc from his employer/Company. In case the Company denies all these monetary benefits on cessation of employment and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
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A.Dear client,
Being on bench basically means your employment is on the fence. This gives the employer and the employee, both the right to end their relationship without a notice period.
The company can ask you to leave without notice; in such an event the company will be liable to compensate you.
Being on bench basically means your employment is on the fence. This gives the employer and the employee, both the right to end their relationship without a notice period.
The company can ask you to leave without notice; in such an event the company will be liable to compensate you.
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