• Asked to Resign and a replacement being sought

Hello -  I have been asked to resign by my reporting manager.  I need advise if I can counter them and if there are laws to protect the employee. 

Background - I joined this reputed company about 2 months back. I was selected for two locations Bangalore and Mumbai. My first preference was Bangalore and second was Mumbai. But they asked me to join Mumbai.  After two months, due to family problems I asked my reporting manager if I could  join the Bangalore office since they still had the job opening and were willing to accept me. My manager said that if the Head HR permits you could move. Head HR that sits in Delhi rejected the request since they have a policy in place that needs an employee to complete 1.5 years before transfer.  Now my manager doesn't want me to continue since he feels I might leave if I get an opportunity in Bangalore. I have told him I would work for at least 2 years before I even think of going back. But my manager is not ready to take it and he wants me to resign. he has already started to look out for my replacement.  
I would want to tell my manager that I am not ready to resign. If I do so they might in turn terminate my service with 1 month salary. If that happens can I reach out to the labour court  cause 1 month is not enough to find a job.
Asked 8 months ago in Labour from Greater Mumbai, Maharashtra
You can refuse to resign. Let them terminate you which can be challenged before the appropriate court. If you are able to get the relieving letter and also find another job then forego the idea of a courtroom battle the result of which is always uncertain.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
you should not resign unless not received a written order from appropriate authority. if there is breach of any terms of work contract you can approach labour court or civil court for compensation.
resignation should be ordered according to law and terms of contract. there should be at least 30 days notice or one month salary given to the employee before resignation.   

Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
1) you can send an email to the company that you would be willing to work in Mumbai for the period of 2 years as desired by the management 

2) express your inability to submit your resignation 

3)let the company terminate your services 

4) if your salary  is more than Rs 10000 and you are working in managerial capacity you would not be a workmen 

4) if company terminates your services as workmen  you would be entitled to compensation of 15 days salary for every completed year of service 

Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
  I have been asked to resign by my reporting manager.  I need advise if I can counter them and if there are laws to protect the employee. 

They cannot force you to resign, let them terminate you and you can issue legal notice followed by legal action through labour law.








I would want to tell my manager that I am not ready to resign. If I do so they might in turn terminate my service with 1 month salary. If that happens can I reach out to the labour court  cause 1 month is not enough to find a job.

Actually for terminating your services, they should have substantial reason without which they cannot terminate you unreasonably.
You can approach labour court in the event of being terminated from services.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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