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.
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.
Somesh [email protected]
Replied 8 months ago
Thanks Sir for Reply,
I am by role or position is a Project Manager an in an IT company. Looks like I cannot file complaint in Labour court in case HR plays dirty , what can I do?
Legal Counsel Vidhikarya
Replied 8 months ago
Dear Client,
In the prevailing situation, you need to serve a legal notice to the Company and file a civil suit under Order IV of the Code of Civil Procedure, 1908 against the Company before the Civil Court of competent jurisdiction for recovery of money. You can also file suit under Order 37 of CPC for recovery of money from the defendant Company. The main advantage of an Order 37 suit is that the plaintiff is entitled to a judgment immediately if the defendant fails to establish that he has a significant defense in his case. Reach out to an Advocate for guidance and steps.
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.
Less Full and final settlement
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Regarding obc NCL reservation
Contractual Employer deducting PF
Pf overlapped and now jobless
