• Self resignation or termination.

Sir my co. HR has asked me to resign from job within 2 days. I am working with this co. since 6 years. The reason given by co is that they do no need my position any more. I think they are showing me surplus staff. I have not resign yet. Kindly guide. I don't want to resing. Is there any possibility of termination? If terminated what are the losses? Can we fight in the court of law. Is there any benefits. What precautions should I take today.
Asked 1 month ago in Labour

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17 Answers

Check your employment agreement or joining letter.

They have to give you 3 months advance notice for termination. Ask for compensation 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Please make us aware of your designation, job description and management level employee to decide jurisdiction of Court and competent authorities .

Please share the information about your appointment letter for resignation, termination, suspension and voluntary retirement etc.

The above mentioned details would help us to provide you legal advice suitable for your present matter. 

 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You can ask them a written termination reason, and check whether its true reason. Or you can ask two months compensation from them.

 

Because any how by remaining forcefully in the company in future you will not survive there for in good working conditions. It better to leave the company and get the benefits, because company has so many option against employees.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

It is better to resign take relieving letter and experience certificate 

 

2) if they terminate your services difficult for you to get a job 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

In private job there is no security. 

Your job can be terminated at the will of the Management. 

Your protection is only the notice period and your statutory dues.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Company can terminate you as per the appointment letter condition. Maximum you can claim payment in liue of notice period if company terminates you without notice period. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that  you may go the labour court against the action of the company asking the reinstatement, salary, PF and many other things. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

You can refuse to  resign the job under any pressure.

You can ask them to terminate the service.

They have to follow the rules in this regard.

If you are not satisfied with the termination order you can  take up the matter through court of law.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

- If company will terminate , then at the time of joining another company , you may ask for reasons for termination i.e. they can think that you was not a good employee etc , 

- If you will resign , then you will have reasons of resignation at the time of joining of another company . 

- However there may be some financial losses at the time of resignation , but the said company will issue you the Relieving letter etc. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Dear ma'am/sir,

Private companies give an option of resigning because it serves a dual purpose:

1. Their track record remains good and they can boast that they do not fire employees.

2. The employee's reputation is less affected.  The employee who is fired is less is looked upon with suspicion by the future employers. 

In either case (resignation or termination) the company is required to pay your salary for the notice period, which is usually two months,. 

For the accurate answer we will need to know more details and specially read your employment contract. You may contact any Advocate through this website for the same. 

Best wishes. 

 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

Dear Client,

You need not to resign yourself. Let the company terminate you. If company terminates you without paying notice period salary or without following the term and condition of appointment letter then you can file case against the company for protecting your rights.

Jaswant Singh
Advocate, Gurugram
877 Answers
2 Consultations

4.8 on 5.0

1. Yes if firm is private then they can terminate you by giving any reason which can have adverse effects on your career and you can definitely challenge the termination in court of law. 

2. If you resign from the job then you can ask company to provide you gratuity and other benefits for long term employment.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. Do not give your resignation as the whole onus will be shifted on you. 

2. If they terminate you, they can do so with the sufficient cause and the notice period is to be served. In case they terminate you without any sufficient cause a legal notice will be send to them and they will be asked to either take you back or to compensate. 

3. Once this is done, the court will entertain your plea and a relief as to your re-in statement in the job or in alternative the relief as to compensation will be done. 

 

I can be contacted on https://g.page/advocate-yuganshu-sharma-sys-la?share

Regards, 

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

please read your appointment letter carefully as you are bound by the appointment letter due to contract act. From your complaint I presume you are being told verbally to tender resignation. Well you have remedy for Civil, Criminal and industrial disputes but first you should approach/write higher management regarding mounting forceful pressure without any poor performance thereafter you can file a criminal complaint for breach of trust, threat and forcing and you can go to Labour Commissioner if you qualify definition of workmen and file complaint for illegal trade practice for termination and lastly you can go to civil court for injunction and declaration

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Yes you can file in the court of law if the said terms are illegal

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

They should give you a notice. They cannot let you go immediately without any compensation. Take a look at the severance package.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

There is little chance to succeed.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

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