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Unjust Forced Resignation from Product Design Director - Illegal Retrenchment
8 months ago
My company is forcing me to resign as part of their retrenchment process, I have tried my best to convince them to retain me. They are giving me 3 months of fixed pay, medical benefits till March 31, 2024, and 15 15-day salary for every year of service according to retrenchment law. I am unsure if they notified the labour commissioner or related government departments. My HR is secretly conducting retrenchment without any formal email or notification, Please advise.
A.Dear Client,
Usually in the Big Corporate Sector, the Company instead of retrenchment an employee holding a Director/Executive rank position insists on or forces him for submission of resignation for proven professional misconduct following Co's policy and considering the future career and social status of an employee because retrenchment puts a stigma on the career of an employee service record which may put on hold of the employee's further engagement. The Company also offers few lucrative benefits to outgoing employees if they tender their resignation and accept the offer of the Company. Since your position in the Company does not come under the purview of the Industrial Dispute Act, 1947, if you do not accept the Co's proposal for resignation then they may retrench or dismiss you from service holding a domestic inquiry against your professional misconduct or breach of any terms of employment. In that case, based on your confidence, you have to access justice against the arbitrary and unjustified retrenchment/dismissal from service through a Civil Suit before a Civil Court. So, now the matter exclusively depends upon you.
Usually in the Big Corporate Sector, the Company instead of retrenchment an employee holding a Director/Executive rank position insists on or forces him for submission of resignation for proven professional misconduct following Co's policy and considering the future career and social status of an employee because retrenchment puts a stigma on the career of an employee service record which may put on hold of the employee's further engagement. The Company also offers few lucrative benefits to outgoing employees if they tender their resignation and accept the offer of the Company. Since your position in the Company does not come under the purview of the Industrial Dispute Act, 1947, if you do not accept the Co's proposal for resignation then they may retrench or dismiss you from service holding a domestic inquiry against your professional misconduct or breach of any terms of employment. In that case, based on your confidence, you have to access justice against the arbitrary and unjustified retrenchment/dismissal from service through a Civil Suit before a Civil Court. So, now the matter exclusively depends upon you.
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