HR mail me to releive on November without any letter HR mail me to releive on November without any letter

7 months ago

Dear Chitresh,



This is with reference to our meeting at Mahad on 2nd August 2023. We discussed about various matters pertaining to your personal front as well as professional front. On the conclusion, it was decided that you will take 3 months time and then leave which includes the notice period. Please note that the 3 months period will get over by 2nd November 23.



Regards

Bhagwan

How to deal with this situation to protect job or for compansation

Anik

Responded 7 months ago

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A.Dear Client,
In this situation, it's essential to take appropriate steps to protect your job or seek compensation if necessary. Here are some general guidelines:

Review the Employment Agreement: Carefully review your employment agreement and any relevant company policies to understand your rights and obligations regarding termination, notice periods, and compensation.

Request Clarification: If the communication from Bhagwan is unclear or if you have any questions, it's advisable to seek clarification from him or your HR department. Make sure you fully understand the terms and reasons for your departure.

Document the Agreement: If you had any verbal discussions or agreements regarding your departure during the meeting on August 2nd, it's essential to document these agreements in writing. Send an email or letter to Bhagwan summarizing what was discussed and agreed upon. This will help prevent misunderstandings later.

Negotiate: Depending on your goals, you may want to negotiate the terms of your departure. For example, if you want to protect your job, you could discuss the possibility of staying with the company beyond the stated departure date. If you are interested in compensation, you can negotiate for a severance package that includes salary continuation, benefits, or other forms of compensation.

Consult with an Attorney: If you believe that your rights are being violated, or if you have concerns about the terms offered, it's a good idea to consult with an employment attorney. They can provide you with legal advice specific to your situation and help you navigate the legal aspects of your employment.

Comply with Company Policies: While pursuing negotiations or legal action, continue to comply with company policies and fulfill your job responsibilities to the best of your ability. This will help maintain your professional reputation.

Document Everything: Keep records of all communications, agreements, and interactions related to your employment and departure. This documentation may be important if you need to take legal action.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
From the contents of the query which is a reproduction of the contents of a mail advising you to quit the job after serving the notice period of 3 months. Cessation of employment from the act of both employee and employer. When an employee wants to quit the job he needs to tender his resignation serving the notice period as per the condition of employment. On the other hand, if an employer wants to terminate you from the job, he has to serve a notice in terms of the contract of employment or pay in lieu of notice, otherwise, the termination or retrenchment would be treated as illegal termination and unfair labour practice on the part of the employer. Literally, the contents of the email are meant to advise an employee to submit a resignation against his will which amounted to illegal termination and deserves protest following the provision of relevant law. A resignation is treated as a voluntary act of an employee to quit a job following the terms of the contract. , No employer can retrench/terminate his employee which amounts to victimization and unfair labour practice. So 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 in the absence of compliance of the above provision of law, after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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