Legal Question in Employment Law in India

Dear Sir,

I have a question and looking for some suggestions.

This question is regarding employment. My friend worked with an organization as a Manager for more than year. Recently the company appointed a new General manager (Dec 2012). 2 Days back, my friend was asked to quit the job , by simply saying, this is the time for you to get separated from the company. Even they said its not a terminations, it is that we are just asking you to submit your resignation. Reason Quoted for resignation :-

- Low Performer

According to my friend, the manager never shared the Feedback regarding the performance, nor shared any kind of performance sheet, nor gave any warning letters to improve. In this entire 1 year period my friend was never evaluated with any acceptance. Even the company don't have a specific tool to measure the performance of the employee. Even the GM was quite rude while talking to the employee.

The GM says, the notice period of 2 months would be waved of and wont give any compensation in return. if required the company would only pay half month salary "Feb 2013".

Can some one please guide me to what my friend should do , without affecting his career in front of other companies?


Asked on 2/15/13, 11:47 am

2 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.02.2013

Dear Sir / Madam,

( J J Colony / Najafgarh, New Delhi)

If your friend is a confirmed employee and has been asked to resign due to non-performance, the Company is required to either permit your friend to serve the notice period, or pay him salary in lieu of notice period. For instance, if the notice period is two months, and your friend is asked to leave within 15 days, the Company has to pay the balance 45 days notice to your friend. Your friend should politely request the Company HR Department in writing on the recommended lines.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/16/13, 7:06 am


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