emlpoyment
1 month ago
I was working at a private company for more than 5 years. During COVID, I worked from home I decided to leave the company . I wanted to resign and requested them to allow me to complete a notice period from home. I requested it in July I did not get the confirmation till Nov. I requested to operation and HR .By the end of November, operation manager advised me to take both vaccines and then join the office in Dec. I agreed. However, the employee relation rep insulted me and abused me she called from the office and asked me to submit my resignation. I tried to inform her that I had taken permission however she refused to hear my side of the story. I left the job with a line resignation it was not my fault I had followed all company policies.
I have not been able to get a job since then because of my age. I want the job back and compensation too.
I do not want to send the legal notice however want to inform the owner of the business.
I want to know my rights. for job rejoining and the compensation.
Please help
A.Dear Client,
Failure to adhere to the required notice period for resigning may lead to legal consequences or damages for an employee. A forced resignation can be considered a termination, amounting to retrenchment if proven with substantial evidence. Successful proof of retrenchment under Section 25F of the Industrial Disputes Act may result in an order for reinstatement with back wages by the adjudication authority or Labour Court. Section 25F outlines conditions employers must fulfill before retrenching an employee, including providing one month's notice or wages in lieu, compensation equivalent to 15 days' pay per completed year of service, and notifying the appropriate government. Simple termination, without adherence to these conditions, can be legally challenged by the employee. To address arbitrary termination, it's advisable to issue a legal notice citing relevant laws and, if applicable, file a complaint with the State Labour Commissioner or an application under Section 33C(2) of the Industrial Disputes Act before the Labour Court. For managerial positions, filing a civil suit in the Civil Court for appropriate relief is necessary.
Failure to adhere to the required notice period for resigning may lead to legal consequences or damages for an employee. A forced resignation can be considered a termination, amounting to retrenchment if proven with substantial evidence. Successful proof of retrenchment under Section 25F of the Industrial Disputes Act may result in an order for reinstatement with back wages by the adjudication authority or Labour Court. Section 25F outlines conditions employers must fulfill before retrenching an employee, including providing one month's notice or wages in lieu, compensation equivalent to 15 days' pay per completed year of service, and notifying the appropriate government. Simple termination, without adherence to these conditions, can be legally challenged by the employee. To address arbitrary termination, it's advisable to issue a legal notice citing relevant laws and, if applicable, file a complaint with the State Labour Commissioner or an application under Section 33C(2) of the Industrial Disputes Act before the Labour Court. For managerial positions, filing a civil suit in the Civil Court for appropriate relief is necessary.
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A.Dear Client,
Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breach. However, a forceful resignation amounted to a retrenchment from service, if you can prove the allegation with substantial evidence. Once you succeed in proving your resignation as retrenchment, the adjudication authority/Labour Court may pass an order for reinstatement in service even with back wages. Section 25F of the ID Act mandates that the employer shall fulfill certain conditions before retrenching any employee. It states that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice, (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. The condition given under section 25F(c) requires the employer to give notice to the appropriate government in addition to the other two conditions. Hence, a simple termination as per the contract of employment can prove disastrous in the event the termination is challenged by the employee before the Industrial Tribunal or Labour Court. So, in the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer citing the above proposition of relevant law and 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 illegal termination in violation of mandatory provisions of I D Act, reach out to the office of the State Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues including Gratuity which is payable when an employee served a company more than 5 years from his employer receivable to an employee on resignation and even on illegal termination/treanchment. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief.
Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breach. However, a forceful resignation amounted to a retrenchment from service, if you can prove the allegation with substantial evidence. Once you succeed in proving your resignation as retrenchment, the adjudication authority/Labour Court may pass an order for reinstatement in service even with back wages. Section 25F of the ID Act mandates that the employer shall fulfill certain conditions before retrenching any employee. It states that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice, (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. The condition given under section 25F(c) requires the employer to give notice to the appropriate government in addition to the other two conditions. Hence, a simple termination as per the contract of employment can prove disastrous in the event the termination is challenged by the employee before the Industrial Tribunal or Labour Court. So, in the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer citing the above proposition of relevant law and 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 illegal termination in violation of mandatory provisions of I D Act, reach out to the office of the State Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues including Gratuity which is payable when an employee served a company more than 5 years from his employer receivable to an employee on resignation and even on illegal termination/treanchment. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief.
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