Questions & Answers
Asking an employee to resign to get better entitlements
Good afternoon,
I have been working for a private big company for the past 17 years. This year, they have decided to put me in PIP (performance improvement) and they plan to fire me by end of November 2022.
HR BP had advised me to resign and he will help to increase the notice period up to 2 months with full pay. In the meantime, I can look for another job.
Also, he promised that I will take full gratuity without any cuts. As per him, it is in my favor to resign than get fired for not performing.
Kindly advise!
Dear questioner,
Not true!
Resigning will cut your labor entitlements and will calculate most of your entitlements based on the basic salary.
Moreover, you deserve 3 months' notice, not one or two, since you are serving over 10 years in the company.
For more information and to protect your rights, please contact me via phone.
Good afternoon,
If you resigned or they terminated your employment agreement, in both conditions they must give you all of your labor rights.
Furthermore, there is no guarantee that if you resigned they should give you two months' notice period if it is not mentioned in your labor contract, otherwise, they have to put this in writing before submitting your resignation.
Kind regards
Ahmed Saad Harb
Senior Legal Consultant
Hello,
As per your query please note that if they terminate you, without any investigation, then you can claim compensation.
However, they are taking precautions on the PIP as the performance indicators which indicates that there you have signed the same and accepted.
As the company is giving you all benefits, it's better to discuss with us before taking any steps further.
