Forced me to resign
1 month ago
Hi, I was working with a company and they asked me to resign due to my leaves in probation period, the scenario is like I had health issues in the beginning and me and my team lead and manager had a word about the same and I got it sorted from my end, after that I was issued a warning letter stating I take leaves even when they are not approved when that was not the case at all, I was sick and I also had submitted the medical certificate they needed as per our conversation, the very next day I was sent the warning letter which was very disappointing for me. Later I had power cut issues due to which I wasn’t able to continue for the entire day so I had to take a half day as my laptop switched off and today they called me in a meet and asked me to submit resignation and also they falsely claimed saying that they had tried contacting me but I did not receive a single call for the same. They told me I do not have to serve notice period and also that I will have to submit my resignation in an hour else they’ll terminate my employment and it will affect my profile so I panicked and had no other option but to submit resignation. I have been amongst the top performers and I did hear this from a few colleagues that they were planning in removing me since quite long. My probation was going to end in a week but they made me resign and now I have emi’s coming and no way to get them paid bcz I don’t have a job now. Please tell me how and what shall I write in the email to ask for compensation till I find another job? I have screenshots and everything of the conversations where I have been falsely accused of a situation but I do not have the recording of the meet because I was completely clueless that this will eb happening. Today was made my last working day, please help!!
A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. In the absence of a specific stipulation in the contract of employment entitling you to avail of sick leave for specified days, you are not eligible for sick leave while on probation. During the probationary period, there will be no entitlement of any kind of leave, be it Casual Leave, Sick / Medical Leave, Academic Leave, etc. or any other kind of leave for a probationer unless it is permitted under the leave policy of the Company. Therefore, any kind of leave if availed without prior permission of the company will be treated as without pay (LWP) and considered unauthorized leave that makes a probation to face consequences as happened with you. Litigation on the subject matter may end up with no fruitful result and may eventually affect your career prospects too because a resignation from service is better than a stigma of termination/dismissal. A probationer is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act and the service of a probationer can be terminated during the period of probation in terms of the appointment and such termination does not amount to retrenchment within the meaning of Section 2 (oo) of the Industrial Dispute Act.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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