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Employer asking me to resign and offering 3 month salary what to do


07-Jan-2023 (In Labour & Service Law)
Hi Sir/ Madam, I am working with an organisation in bangalore since from the last 6.5 years. I have total 15+ years of experience. I personally know all the managers and CEO of the company since from the start of my career. Since from the month of october all of a sudden company started calling the choosen employees and asked them to resign volunteerily.In the month of October almost 110 people were asked to resign and i guess all resigned and out of the office now.Now coming to my issue , they called me last week and explained the current situation ( they claim even they don't know what is going on ) because many of the employees are not utilised , we have to send some employees out to maintain the utilisation.I am one among them and along with me 4 other managers are also there.They are saying to resign now and take 3 months salary. Is it a valid compensation they are offering? They are not capable of negotiating with the client to bring more work and make the team is fully utilised
Answers (2)

Answer #1
756 votes
Dear Client,
I appreciate for you to contact a lawyer for the said issue and its a good decision. I have gone through the facts of your case and the employer asking you to resign is not proper under the provision of labour law. Under Labour Law It is mandatory to give notice to employee and the company has to state the reasons for termination, if a company is under loss or any other reasons want to terminate the employees it has to give sufficient compensation on basis of their service. Hence you have every remedy under provision of law to approach labour court for demanding compensation. Approaching a Lawyer with all records i.e ( terms of contract while joining the company) , experience certificate, salary certificate is needed to file a labour case before labour court therefore please contact me if you want to file a case against the organisation you are working for. You can call me to this number 9980051064 and meet me at City Civil Court , Bangalore between 11am to 5 pm from mon to sat. personal discussion you have to take appointment.

Best Wishes
Answer #2
899 votes
Your company seems to have made a conscious business decision to downsize its workforce. Your company can terminate employment of its employees based on the employment contract that it has entered into with its employees.

In your query you mention that you are being paid a severance pay of three month's salary. It is very reasonable. Unless your employment contract says otherwise and you are entitled to more compensation, the severance pay offered seems reasonable. Ultimately, it is your decision, you will have to weigh your options vis a vis your severance pay offered and make an informed decision.

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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