I am working in L&T construction company working as a senior construction Manager for past 26 years started off as a trainee with 9 years left for retirement .Now the company is asking me to resign with 2 months full salary or get terminated with 3 months basic salary only .i have not done any fraud,indisciple or shared company secrets as clause of contract shows for termination.As of now company not having many construction jobs 1)is it legal to ask for resignation with just 2 months salary or is termination can be given 2)in case of legal action ,it will be in chennai jurisdiction only in case i pursue legal option 3)if they terminate me now ,how will i get a job at 49.4 years with same or more salary as all companies want young staff. 4)my divorce case is in court ,can the judge declare maintainance even if i dont have a job,my wife is working
Company can terminate as per appointment terms and conditions. You are entitle to gratuity and PF.
No working status of husband is no reason to decline maintenance. Working wife is not entitle to maintenance or low maintenance .
You can challenge the termination order in court.
1. Whether it is legal or not to ask you for tendering your resignation will depend on the employment offer letter conditions.
You cannot agitate over it if there is a clause authorising the company to take such drastic actions.
However you can refuse to resign and allow them to terminate your services, after which you can approach high court with a writ petition seeking reinstatement of your services if the termination order is illegal.
2. you can initiate legal action in the place of your employment.
3. No comments on this.
4. The maintenance case will be decided on the basis of the documentary evidences produced by both the sides, hence you may also produce the papers terminating your services to plead your inability to provide maintenance to her.
You produce the evidences of her employment and salary income and refuse to pay her maintenance.
What are terms of your appointment letter
2) in event of termination from services you are entitled to salary as per your appointment letter
3) it is better to resign and accept compensation offered by company
4) in event of termination you would find it difficult to get another job
5) court considers your income while determining maintenance
6) if you don’t have job and wife is working court would not direct you to pay maintenance
- 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.
- 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.
1. Hence, the company cannot terminated you with two months salary only , and the company is bound to refund you the salary of remaining period along with Gratuity of service as well.
2. Jurisdiction will be where you were working or as per mentioned in the appointment letter.
3. You can give an application to the higher management after mentioning this reasons .
4. If the company terminate you , then you should produce the same before the court , and prayed for stop the maintenance .
No worries. No one can force you for resignation.
You E- mail to HR Department and your HOD and put specific relief against their arbitrary decision of seeking resignation from you under the garb of VRS .
VRS differs from forcing an employee for compulsory retirement cum- resignation.
No problem. I have an associate who may handle your case at Chennai.
1- It is illegal to layoff employees and ask forcefully resignation under the garb of payment of salary of two months.
If you have No job then No maintenance to wife.
1) You can file case in the labour court for forcefully termination in this covid 19 situations.
2) yes your city last where you have last resided.
3) It's depends upon your skills it may be get you more salary job or same or less. Try it on naukri.com site and upload your resume you will find huge jobs or contractor. If you have contractor skills than can start your small business of construction to do small house hold repairs or construction as per your knowledge and experience.
4) No court can't declare maintenance when you're jobless and your wife has income from job here you can ask court to get alimony for you from her.
Due to this problem of resignation,my wife has taken my daughter to native place in the name of vacation and not letting me speak to her . SHE HAS DONE WITH MY SON ,she kept him with her mother in goa since he was one year but doesnt let me talk to him.now he is 10 and daughter is 13 and she is the most arrogant and headstrong woman 1)should i lodge a complaint with the police and use it in court for not allowing me to talk to both my children 2)divorce court case is going on since 2 years with only dates after dates ,since she wants divorce/maintainance for the children i have put her name as joint owner of flat though i spent for the whole cost.i want to remove her name from the flat before divorce can go through. 30whats the procedure to remove wifes name thru court order
File petition in family court seeking custody of your children
seek interim visitation rights
3) you can file declaratory suit that you are absolute owner of property as full consideration has been paid by you
After divorce her name will be removed from the records after production of divorce decree.
Apply before the same court for the Custody of child and visitation rights. Police will not be able to help you in the matter of family issues particularly Civil rights for Custody of child.
1. The police will not entertain any such complaint since this is a matrimonial issue hence you may have to approach court alone for any relief in this regard.
2. If she's the joint owner of the property then you can't remove her name from the property papers at your whims.
She has to transfer her share in the property to your name by executing a registered gift deed.
After that you can become an absolute owner of entire property.
3. There's no provision in law for that.
1) You can lodge complaint but that will not make any difference as your divorce case is already running in the court.
2) You ca make additional application for child custody or visitation rights to meet children or talk twice or thrice in a month.
3) You can ask your wife to sign quit claim deed.
1. Yes they can terminate.
2. Yes.
3. This is not related to law.
4. Yes.
Follow up.
1. Yes.
2. File specific performance suit for doing this.
Dear Client,
I will advise him not to to resign on the request of the company. If the company terminates you, you may file a case after giving notice to the company as per term and conditions of appointment letter.
your wife can't take your rights ,by filing case in family court you can get the right.
if you wish to remove her name as co-owner you will need to file a suit for declaration before the civil court and produce evidence therein to substantiate that payments were made entirely by you and hence her name must be deleted from the sale deed.
1. You can file for custody and visitation rights for the same in family court
2. You need to file separate suit for removal of her name against her wish
Answer to the First Query:
1.2. Employer has two ways to get rid off surplus employees or if wants reduction in manpower 1. Retrenchment /Termination 2. Forced resignation , your case comes under category two- if you are in a position to fight with the employer then don't give resignation then definitely he will adopt way no.1, in adopting this way he has to comply with the provisions of sec.25 N which he will not comply then you can get your termination void from the court or if you wants to settle you matter without any headache then submit your resignation.
Answer to query no.2
1.2. Please move an application before the court where your divorce case is going on to allow you to meet your ward atlease two days in a week, which the court can't deny even if divorce is granted.
3. This will not be possible if the sale deed is final if sale deed still not final then after divorce you can apply for the same at the time of finalization of the sale.
Apply for child custody.
Have to file declaration suit in court to claim sole ownership on the basis of full payment made by you.
Dear Client
This is to inform you that,
1. No it is not legal to ask for resignation or face termination without any reason.
2. You can take legal action against your employer if they terminate you without any valid reason.
3. Yes court can order for maintenance even if you don't have any job.
4. You can file case for visitation rights of your children.
5. You should file declaratory suit against your wife to claim complete ownership of your flat.
The company may terminate you. As L&T is a very big company they must be having a contract with you. Kindly engage a lawyer ho will go through it and then you may be more assertive wrt your rights.
The wife cannot demand when you are unemployed. If she is earning she is not entitled to maintenance irrespective of the case whether you are earning or not.
That can be done. Inform the bank.
