it is in your interest to resign and take 6 months salary
termination would be blot on your career
Requesting resignation owing to role redundancy
Hello, I am 35 years old and working in a MNC, I am being told to resign by my organization stating my role is redundant. If I choose to resign I am told I will get a compensation of 6 months salary else a termination with a 60 days’ notice pay. Should I choose to resign or refuse? Also have the below doubt. • I had applied for an internal job posting 7 months back knowing this day might come soon as there is a cost cutting in my department. But I was not interviewed for the position in spite of being the right fit and an external candidate was hired at an extra cost. For some reason my application has been deleted from the system but I have a screen shot on the application #. Ideally for every internal job application done the hiring team must update on the status on the application but was not followed in my case Can I fight my case or I should resign? Pls advice.
Asked 1 year ago in Business Law
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7 Answers
Unfortunately, you cannot demand an internal posting as a matter of right however well qualified and competent you may be, as the employer has the prerogative of choosing their employees legally. It is advisable to resign and look for better opportunities elsewhere befitting your qualifications and experience.
It is better to resign and take compensation of 6 months. It is not possible to work in hostile atmosphere. By notice also company can terminate your services.
You have been given an option for resignation with better emoluments to be settled iof you do so instead of being pushed out of the employment with two months salary handed over by terminating your service.
An internal job posting is a notice circulated within a company to let employees know about open positions or, in simple terms, open posts in a company.
However you cannot claim a job on this basis as a right.
It is the discretion of the employer to employ who and who not.
Dear Client,
It depends on what you want to choose.
Let me give you both the angles for your reflection to decide the matter.
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Your financial situation. If you need the money from the 6 months’ salary compensation, then resigning may be the best option for you. However, if you can afford to be unemployed for a while, then you may want to consider fighting your case or refusing to resign. - You can fight your case. If you believe that you were unfairly dismissed, you can file a complaint before the labour department.
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Internal Job Application Issue: If you believe that there was unfair treatment or mishandling of your internal job application, it could be worth discussing this matter with your HR department. If you have evidence like the application screenshot and if there were clear discrepancies in the hiring process, this might be something to bring to their attention. However, whether this alone is sufficient grounds for a legal case depends on various factors .
- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.
- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Hence , you have right to sue against the company in case terminate you without a valid reasons and the role of redundant is not a ground for termination.
- However, a litigation takes time to finalize, so it is better for your career to resign .
You can fight your case don’t resign
