clarification on the procedure to ask employees to resign
10-Feb-2023 (In Labour & Service Law)
Dear Experts, due to financial problem we want some of the employees to leave our org pls clarify in this scenario can we ask them to resign. legally what is the procedure for the same? regds Kankit
There are numerous ways to do the same.
1. You can ask for their resignation as per the company's normal policies giving them a salary of their respective notice period asking them to look for another job,
2. You can ask for closure of any particular department or for decreasing the team strength of the entire company's several department in certain percentage and then giving notice period salaries to such removed percentage of people from all the departments.
3. You can conduct the parameter test and can ask those to leave the organization who fails to pass such test by giving the salaries to such person of their respective notice period time.
What is common in all these procedures and other procedures is to give them their salaries for their respective notice time period which they've with themselves as per their employment contract. Otherwise you will be dragged before the court and may have to pay severe penalties.
1. You can ask for their resignation as per the company's normal policies giving them a salary of their respective notice period asking them to look for another job,
2. You can ask for closure of any particular department or for decreasing the team strength of the entire company's several department in certain percentage and then giving notice period salaries to such removed percentage of people from all the departments.
3. You can conduct the parameter test and can ask those to leave the organization who fails to pass such test by giving the salaries to such person of their respective notice period time.
What is common in all these procedures and other procedures is to give them their salaries for their respective notice time period which they've with themselves as per their employment contract. Otherwise you will be dragged before the court and may have to pay severe penalties.
One / two months notice may be issued to the employee(s) as per organisation policy explaining the reason of termination. Alternatively you can ask employee(s) to resign which will be beneficial for them, provided you clear all fulll and final dues and documentary formalities.
It's depend on conditions which you mentioned in appointment letter of the employees, in general terms You can give one month prior notice to your employees and take receiving for the same and after one month you can terminate of them. You can contact me for further queries.
We can advise you appropriately ,if we have clarification on the category of employee/workmen and whether there is any existing contract with the employee or not. However many employees are going to be impacted .etc
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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