Foreceful resignation
8 months ago
Recently my HR asked me to resign by myself since they cant accommodate after giving me the appointment order.Can I file a case against the company for asking me for the resignation and made me to resign?
A.Dear Client,
In the prevailing situation, you need to go through your offer letter that governs the relationship between an employee and employer. Breach of any condition of the offer letter or contract of employment by either party becomes liable to face legal consequences. An employer cannot force an employee to resign outrightly or terminate or fire on whimsical grounds other than disciplinary action for proven misconduct. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
In the prevailing situation, you need to go through your offer letter that governs the relationship between an employee and employer. Breach of any condition of the offer letter or contract of employment by either party becomes liable to face legal consequences. An employer cannot force an employee to resign outrightly or terminate or fire on whimsical grounds other than disciplinary action for proven misconduct. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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