Forced resignation
6 months ago
When asked for leaves for treatment , I was forced to resign .. Can I file a case on wrong action , maligning my reputation and harassment
A.Dear Client,
An employer cannot force an employee to resign or terminate or fire on whimsical grounds other than disciplinary action for proven misconduct and such an action is considered as illegal termination and unfair labour practice. 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 failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming final dues from your employer. 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
An employer cannot force an employee to resign or terminate or fire on whimsical grounds other than disciplinary action for proven misconduct and such an action is considered as illegal termination and unfair labour practice. 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 failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming final dues from your employer. 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
Helpful
Helpful
Share
A.Dear
If you believe that your employer's actions constitute wrongful termination, harassment, or defamation, you can file a formal complaint with the relevant labor authorities
If you believe that your employer's actions constitute wrongful termination, harassment, or defamation, you can file a formal complaint with the relevant labor authorities
Helpful
Helpful
Share
Read Related Answers
Can company enforce non-poaching in case of severance
Dear Client,
To ensure benefit, from an employer's perspective, in lateral hiring amongst competitors, non-poaching clauses are often added to agreements. Non-poaching agreements are contracts entered...
Family pension eligibility
Dear Client,
According to sub-rule 6(iii) of Rule 54 of the CCS(Pension) Rules, 1972, and the circular dated 29/04/2011 of the Department of Pension and Pensioner's Welfare, GOI, the family pension...
Epfo entry for dual company
Dear Client,
When your EPF record shows an anomaly in the joining date in both the A & B Company, then until and unless the concerned employers rectify that anomaly, PF records will show dual employm...
Mental harrasment by Branch head on matter of leave
Dear Client,
It was your mistake to appreciate the remarks of the leave-approving authority before going on leave which makes you liable to face disciplinary action for unauthorised absence now. You c...
Officer is not Verifying My payment
Dear Client,
In the given scenario, If the action of the management appears to you arbitrary, unethical, and contrary to the terms of your employment, then serving a legal notice to the Company you ca...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
