Re deployment pool - force resign by company
1 month ago
what to do if company forces to resign if it doesn't placed in any process due to my career level as working since 3 years in same company. they said will be showcase in 3 processes, however no interview has done in 30 days re deployment pool(RAD) period. they email me that your profile was showcased to 3 processes but rejected due to my career level in company. they said if not resigned, separation team will separate you from company in 45 days once RAD period over. they also disabled my account, I'm unable to check my salary slip or my pending earned leaves. should I have to complaint to Consumer court as company management is not supporting.
A.Dear Client,
The situation you described appears to involve an arbitrary and potentially illegal action by the employer. Resignation should be voluntary, and if it is tendered under coercion, undue influence, or threats from the employer, it could be deemed as retrenchment and victimization. Section 25F of the Industrial Disputes Act, 1947, outlines conditions that employers must fulfill before retrenching an employee. These conditions include providing notice or payment in lieu of notice, compensation based on the employee's years of service, and serving notice to the appropriate government.
Furthermore, Section 25N requires the employer to seek prior permission from the State Government for retrenchment. A simple termination, even as per the contract of employment, can be problematic if challenged by the employee before the Industrial Tribunal or Labour Court.
In your current situation, consider the following steps:
1. Serve a Legal Notice:
Issue a legal notice protesting the arbitrary and unethical action of the employer. Reference the relevant legal provisions, including Section 25F of the Industrial Disputes Act.
2. File a Complaint with the State Labour Commissioner:
If you are not a Manager/Supervisor but fall under the definition of a workman under Section 2(s) of the Industrial Dispute Act, file a complaint against the employer with the office of the State Labour Commissioner for redressal of your grievance.
3. For Manager/Administrative Officer:
If you hold the position of Manager/Administrative Officer, you may need to file a civil suit before the Civil Court for appropriate relief.
Seeking legal advice and assistance is crucial in such matters. Consult with a legal professional to ensure the correct steps are taken based on the specific details of your case and relevant labor laws.
The situation you described appears to involve an arbitrary and potentially illegal action by the employer. Resignation should be voluntary, and if it is tendered under coercion, undue influence, or threats from the employer, it could be deemed as retrenchment and victimization. Section 25F of the Industrial Disputes Act, 1947, outlines conditions that employers must fulfill before retrenching an employee. These conditions include providing notice or payment in lieu of notice, compensation based on the employee's years of service, and serving notice to the appropriate government.
Furthermore, Section 25N requires the employer to seek prior permission from the State Government for retrenchment. A simple termination, even as per the contract of employment, can be problematic if challenged by the employee before the Industrial Tribunal or Labour Court.
In your current situation, consider the following steps:
1. Serve a Legal Notice:
Issue a legal notice protesting the arbitrary and unethical action of the employer. Reference the relevant legal provisions, including Section 25F of the Industrial Disputes Act.
2. File a Complaint with the State Labour Commissioner:
If you are not a Manager/Supervisor but fall under the definition of a workman under Section 2(s) of the Industrial Dispute Act, file a complaint against the employer with the office of the State Labour Commissioner for redressal of your grievance.
3. For Manager/Administrative Officer:
If you hold the position of Manager/Administrative Officer, you may need to file a civil suit before the Civil Court for appropriate relief.
Seeking legal advice and assistance is crucial in such matters. Consult with a legal professional to ensure the correct steps are taken based on the specific details of your case and relevant labor laws.
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A.Dear Client,
A dispute between an employer and an employee is tried/adjudicated before the Industrial Tribunal/Labour Courts or other quasi-judicial authorities. As stated in your query, the action of the management, prima facie appears to be arbitrary and illegal. A resignation should always be voluntary. So, resignation, if tendered by an employee under coercion, undue influence, or threats from the employer, amounts to retrenchment and victimization with ulterior motives. Section 25F of the ID Act, 1947 provides for the employer to 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. Further, unlike requirements of notice under Section 25F, the employer is required under Section 25N to make an application along with the reasons for intended retrenchment to the State Government for seeking its prior permission to retrench the employee. Hence, a simple termination rather than as a punishment inflicted by way of disciplinary action, even 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 retrenchment/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 against the employer. 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.
A dispute between an employer and an employee is tried/adjudicated before the Industrial Tribunal/Labour Courts or other quasi-judicial authorities. As stated in your query, the action of the management, prima facie appears to be arbitrary and illegal. A resignation should always be voluntary. So, resignation, if tendered by an employee under coercion, undue influence, or threats from the employer, amounts to retrenchment and victimization with ulterior motives. Section 25F of the ID Act, 1947 provides for the employer to 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. Further, unlike requirements of notice under Section 25F, the employer is required under Section 25N to make an application along with the reasons for intended retrenchment to the State Government for seeking its prior permission to retrench the employee. Hence, a simple termination rather than as a punishment inflicted by way of disciplinary action, even 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 retrenchment/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 against the employer. 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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