1. Chirag Jani
  2. Employment Law
  3. Wednesday, October 11 2017, 04:11 PM
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I am working for a telecom Company for almost 5 years now. Will be completing 5 years on 27th December 2017.
Now my company HR has approached me and told me that due to mandate given by the head office,  they want to reduce head count and asked me to move from the company payroll to third party pay roll but work for same company. I told them that effectively they are removing or terminating my employment but HR is not accepting. They are offering same salary but asked me to resign on my own and start working with then on third party on contract.

I want to know if there is any legal clause or law in India which enables me to take this up with my employer and whether I am entitled to any compensation in such case.

Please check my case and let me know if need more information on it.

Chirag Jani
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Accepted Answer
5 Star Consultants Accepted Answer
Nothing need be checked. Employer cannot compel and employee to resign. That should be voluntary, not under compulsion. However, there is no bar for you to resign on request of HR, if you want to oblige the employer.

Head count cannot be reduced, when you work for the company, may be through third party payroll.
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