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Law Relating to Resignation and VRS

Law Relating to Resignation and VRS

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Description
Many disputes arise about genuineness of a resignation, its withdrawal before or after acceptance. Such disputes also pertain as to whether a resignation is voluntary or under undue influence or that the employer has used the blank paper or the resignation letter which was obtained from an employee at the time of joining his employment or that the signatures of the employees have been forged. An attempt has been .made to answer the above mentioned and other important aspects of resignation of an employee which are supported with the ratio of the important case laws. In view of the large scale modernization and the swift breeze of liberalisation, most of the existing workforce has become redundant in large number of organsations. Most of the establishments, easy with the availability of the funds, have started the process of restructuring by adopting the schemes like the VRS. All possible aspects relating to VRS have been dealt in detail besides designing and implementing innovative Voluntary Retirement Schemes in addition to model drafts given for ready reference. The book will be useful for employers, employees, lawyers, judges, labour courts, HRD executives and everybody interested to know about resignation and VRS.
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Contents
1.    General
        (1) What is 'Resignation'?
        (2) Distinction between praesenti and prospective resignation
        (3) Resignation by illiterate Person - the Competent Authority for its Acceptance to Ensure
              whether it is under Coercion or Not.
        (4) When Resignation becomes effective and can or cannot be withdrawn?
2.    Withdrawal of Resignation before Acceptance
3.    Necessity of Acceptance of Resignation
4.    Resignation may be Voluntary, Express or Implied
5.    Involuntary/Forced/Coerced Resignation amounts to wrongful termination of service
6.    Miscellaneous
       (1) Court can tear the veil to see whether the Resignation is Voluntary or not
       (2) Whether an Employee can resign during his suspension period?
       (3) Removal subsequent to resignation puts an end to resignation
       (4) An employer cannot refuse to accept a resignation-unless the rules to be contrary
       (5) When non-communication of acceptance does not make a resignation inoperative
       (6)  Benefits that a workman can or cannot claim on resignation
7.    Voluntary Retirement Scheme (VRS) - An Introduction
        (1) Voluntary Retirement - Meaning of
        (2) Voluntary Retirement Scheme is different from retrenchment
        (3) Voluntary Retirement is different from Compulsory Retirement
        (4) Voluntary Retirement Schemes are Contractual in Nature
        (5) Voluntary Retirement Scheme is Contractual in Nature and after Opting and
              Acceptance of the Same, the Workman Loses Relationship of Employee
              with the Management
        (6) After Acceptance of Benefits under VRS, if a Workman Challenges the Same
             with the Plea that he had Accepted the Same under Coercion and/or Threat,
             he has to Return the Benefits of the Scheme
8.    Notice of change for VRS
9.    When an option for Voluntary Retirement can be withdrawn
10.  When option for Voluntary Retirement cannot be withdrawn
11.  Miscellaneous Clarifications
       (1) Designing of Voluntary Retirement Scheme
       (2) When Acceptance of Voluntary Retirement is not valid
       (3) Option for Voluntary Retirement can be declined when disciplinary
             proceeding are pending against an employee
       (4) After opting and receiving dues under VRS - No fresh appointment can be
            sought by an employee
       (5) Withdrawal of approval - when not justified
       (6) After Opting and Accepting the Benefits of VRS, an Employee Loses his Status to be a Workman
       (7) Revision of pay scale from earlier date Will be payable
       (8) Change in terms of VRS - Permissible
       (9) Service rendered by an employee on casual basis will be taken into
            consideration for computing VRS benefits
       (10) After Acceptance of VRS and Encashment of Retrial Benefits, Relationship
               of Employer and Employee ceases
        (11) Acceptance or Otherwise of an Employee's Request, Seeking Voluntary
               Retirement, is Required to be Communicated to him in Writing
12.    Pro-formas  Subject Index
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Author Details
H.L. Kumar

Advocate, Supreme Court of India
Chief Editor, Labour Law Reporter
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