Forced Resignation amid a complaint of Mental Harassment made by the employee
1 year ago
I am being forced by my employer to quit my job by falsely implicating me of not doing my work properly. The step is being led by Asia Pacific people who keep on demeaning my work and do deep micromanagement. I am getting continuous appreciation from other regions coworkers for my work (which is shown in my regular feedback) but it is being ignored by my seniors and they are not giving me any reason as well. There hasn't been any communication ever from the senior management and they have come to a conclusion without any discussion with me. At the same time, I have also raised a mental harassment case against one of Singapore's employee who had been troubling me for more than one year and I had been constantly sharing my ordeal with my India manager. But as no action was taken from India manager, I decided to go to HR who has also not come back to me after sharing my issue 15 days back. What should I do now? Is there anything for me in Indian labor law which can help me to raise my voice against this injustice. I just want to fight against this injustice against me. Please share me any legal steps that will also not hamper my professional career.
A.Dear client,
Thankyou for reaching out. We are sorry for your situation but on a positive note, we will help you understand how the Labour laws in India aid your concern.
According to the Fifth Schedule to the Industrial Disputes Act, 1947 to discharge or dismiss workmen by way of victimization or not in good faith by the employer or for patently false reasons is punishable and he will be liable of an offence under unfair labour practice. As mentioned in the case of R.D. Surve, Bombay vs Tata Iron & Steel Co. Ltd., Bombay ( 1988 (3) BomCR 709, (1989) ILLJ 384 Bom), the words " discharge" and " dismiss" does cover forced resignation.
Section 25F of the ID Act provides for the fulfillment of certain conditions by an employer before she can dismiss a particular workman from the job. These apply only to a workman who has been in continuous service for at least one year.
An employer seeking to dismiss a workman must provide the concerned workman a one month's notice in writing indicating the reasons for retrenchment or the workman must be paid wages in lieu of the notice. Apart from giving notice to the employee, notice must also be given to the appropriate government. Further, at the time of retrenchment, the worker must be paid compensation which would be equal to the average of 15 days' pay for every completed year of continuous service.
You may seek from your employer if the above conditions have been fulfilled by him, and if not, you may move legally for the compensation due to you.
Regards,
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