Hi,it is advisable to seek relief and compensation through labour court 

It is better to resign than be terminated 

2) if you are terminated it would affect your future job prospects 

3) you have not mentioned what are terms of your appointment letter regarding termination / resignation 

4) if there is clause that on termination you would get 3 months salary you can request management to pay you 3 months salary 

Your query has been replied to

What terms of termination/resignation you signed while joining the job?

Go according to those and if company is not following those than you can file a complaint against them under employee protection act.

You may go through the conditions of the employment in this regard.

If there is a condition to pay you three months salary for terminating your services, you can demand that.

However you may issue a legal notice if you are forcibly terminated from the service demanding reinstatement or heft compensation for throwing you out of the employment suddenly without any reasons and then resort to legal action through court seeking relief and remedy if the management is not agreeing for your demand.

You do not resign the job voluntarily under any pressure, wait for them to take any action against you after which you will become eligible for remedies through legal forum.

Your query has been properly addressed.

You may revert with fresh queries, if you have.

if you are not satisfied with the answers you may raise the doubts also.

This comes under the unfair labour practice so please immediately file an application with the labour department, in simple way they are retrenching the employees. So they have to adopt legal course of action with the permission of the labour department.

Dear Sir,

You may visit following link and see relevant circulars and file representation before the Labor Commissioner under section 12 of following Act and take Labor Inspector of your area and give a threat to the employer. Discuss.

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https://labour.gov.in/advisories-covid-19

EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT

Employment Lawsfor Multinational Companies in India

https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

Section 12 in The Industrial Disputes Act, 1947

1. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Hello,

1. The companies reducing its employment force as business has come to a standstill on account of the pandemic is a survival measure adopted. It would be difficult to state whether or not it is fair. For the employee it is unfair; but from the employer's point of view it is fair.
2. If one month's salary is being offered as a compensation or in lieu of the notice period is to be examined on basis of your employment contract/appointment letter. If your appointment letter says that the company is liable to pay 3 months' salary in lieu of notice, you can demand it to be paid. And in your letter of resignation, you must state that you are resigning on demand from the company under given circumstances and you are complying as per instruction and the company undertakes to compensate you.
3. It is the discretion of the company as to who they want to resign and may have its own justification for cost reduction. However, you can bargain your cas and your settlement.

They should provide you with at least 3 months compensation. You should take the money and then file a case in the labour court.

This is illegality and they cannot fire you.

Termination/resignation are subject to appointment term. Company can terminate by giving notice or payment in lieu of notice. Compensation may not have part of appointment letter.

Maximum you can claim retrenchment compensation.

From examining all the facts of your query I want to say that-
There are already many cases against Bureau Veritas Pvt Ltd. in various Courts of India and Supreme Court of India. I can understand your problem. I have dealt with such cases in Supreme Court. Your employer cannot force you to resign or terminate. You are entitled for all the legitimate dues as you worked for the Company for 5 years. Law is with you. Your Fundamental Right guaranteed by Constitution of India are being violated. In a major relief for private companies, the Supreme Court has diluted the Ministry of Home Affairs (MHA) order that employees should be paid their full wages for the lockdown period.

One Public Interest Litigation (PIL) has been filed in the Supreme Court for a direction to the Centre and all states to protect to all such employees, facing salary cuts, and termination following the unprecedented lockdown situation out of COVID-19 in the country. The present petition under Article 32 of the Constitution of India is being filed in public interest is being filed seeking to counter an emergent situation, and is, inter alia, seeking directions of Supreme Court to implement the Advisory dated 20.03.2020 issued by the Ministry Labour and Employment and Order dated March 29 2020, issued by the Government of India Department dated 13 March 2020 so far as it relates to the directions to the employers of both the private and public companies to not lay off employees or cut their salaries, in the wake the unprecedented lockdown situation due to the COVID-19 or novel Coronavirus crisis, in order to ensure the protection of the fundamental rights under Articles 14/19(1)(g)/21 of Constitution of India.

Please understand that Bureau Veritas Pvt Ltd. (your employer) cannot hold your salary in such crucial period world is going through. This principle is also legislated upon and found in the Indian Contract Act, 1882, in Section 23, by which Contracts which are opposed to public policy are void. Mass termination of employees, and the withholding of the salaries of the employees during these severe times is contrary to public policy, and directly affecting the right to livelihood of several persons. Also please note that employers as their Corporate Social Responsibility be mandated to not terminate or layoff the employees and pay their full salaries so that large section of the employees are not compelled to come on streets and join the workers on the street who are struggling to manage to two times meals and invocation of provisions of the Disaster Management Act, 2005 by the Government of India and the directions/orders issued there under are legally binding on the Establishments.

You can contact Ministry of Labour and Employment and register a complaint against the employer. I have recently issued legal notices under my signature to some of the employers (Public and Private Organizations) to claim compensation for the salary deduction and illegal termination on behalf of some the employees in India. Many organizations have come forward to settle the issues after sending the Legal Notice. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

As per MHA guidelines no employee can be terminated in this lock down and covid situation. Even a percentage of salaries need to be paid as per disaster management Act/ rules. 

You can send them a legal notice as per the term and conditions of the contract asking for 3 months salary. 

Please contact local advocate for more precise guidance. 

Dear Sir,

You are suggested to serve a legal notice in this regard to the company and also take the matter in the notice of labour commissioner of your area. 

- As per law, an employer can terminate its employee , if found guilty of wilful insubordination or disobedience; theft, fraud, or dishonesty; wilful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work or as per clause of agreement.

- Further, due to Covid-19 ,  unilateral amendment in the employment contract cannot be made , unless it is specifically stated in the employment contract between the employer and employee.

- Further , an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act , any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- Hence, as per law, the company cannot terminated you with notice period of one month only , and the company is bound to  comply the employment contract as well.

- You can challenge the termination on the ground of alternate job opportunity . 

- If, no response , then you can lodge your complaint with the court.

1. Lockdown has proved to be very cruel to businesses.

2. Do not let them terminate you as this will dent your CV and it will be very difficult for you in this economic crisis to find another job.

3. If the employer is releasing your salary and gratuity then seek a respectful exit.

4. You will not get any relief from courts if you are to challenge your termination.

1. Yes company can lay off employees in case they are suffering losses. 

2. They are paying you notice period salary in case of termination, you should go through your offer letter if there is clause of three month notice period then you can demand salary for three months in case of termination.

3. My opinion is that it is better to resign from the job then to get terminated without any reason.

1. As per the information mentioned in the present query, makes it clear that the company has done an illegal act with you.
2. I would like to apprise you that you are liable for three months salary even if they have to terminate you, but at the same time, they also take same action against other employees of higher capacity.
3. You should approach the court of law by filing a suit for the compensation for mental harassment and litigation expenses and three months salary plus gratuity.