About Umesh Chaudhary Expertise Any question related to HR processes, legal compliance of labour ONLY in India
Experience 10 plus years in HR, IR and Administration
Education/Credentials MBA (HR), M.Phil (HR) .
Did various certificates courses and diploma in Human Resources, also attended seminars, meeting and workshops on Human Resources, Managerial Effectiveness and Industrial Relations.
Question QUESTION: Dear Sir,
This is Raman, I am on employment of marketing dpt. of Indian MNC and based at mumbai. I am on probation period of 12 months in the company and completed 9 months but recently on completion of 9 months review (reviews are conducted every 3 months till 1 year period). My employer has told me to resign or they will terminate me as my performance is not up to the mark( I have enough proof to show my performance but my managers dont like me). I have contacted seniors and hr of the company but nobody has listened to me and they forced me to sign resignation letter with 1 month notice. so my questions are- Q1.is there any legal course of action I can take before the notice date of relieving comes into effect or can stop them relieving me? Q2. can I say legally that I have been forced to sign resignation letter and show enough proof of performance but dnt have proof of using force by the management? Q3. I am not falling in any any of criteria for termination by the company so can management terminate me by falsifying things? Q4. can I say that management has taken the decision on the basis of my language( I speak hindi well but not good in English and my job doesnt require fluency in english)
Please help me out.
Regards:
Raman-9820733035
ANSWER: Dear Raman,
Hope you're doing fine.
Tell me what's your designation, ctc, job profile etc.
Best regards,
Umesh Chaudhary
---------- FOLLOW-UP ----------
QUESTION: Sir, my ctc is 3lac rs. per annum and I am in sales dpt. working as area executive. pleaze help me...
Answer Dear Raman,
Hope you're doing fine. Regret the delay in writing.
Once you have submitted a resignation clearly giving a notice period also you cannot do anything. Nobody will say a managerial level employee drawing a ctc of 3 Lakh wrote a resignation. The court will never believe on what you're saying. Management may terminate your employment on various basis which also includes performance but here you have tendered resignation.Speaking hindi or english cannot be a reason for the same as they appointed you and also made you work for more than six months.
