Boss told me to resign Boss told me to resign

2 weeks ago

My boss told me to resign and in clashes I resigned right away and they accepted my resignation and I will be serving notice period now I want them to terminate me as one of the senior was flirting with me and the family was involved in the corporate partiality issues what can be done to take full compensation

Anik

Responded 1 week ago

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A.Dear client, it is illegal to ask the employer to resign. You can get your full and final settlement after serivng thr notice period completely. If there is any issue at the work place you can complaint to the internal complaints committe setup under the Protection of Women from Sexual Harassment at Workplace Act, (PoSH) 2013.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

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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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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in proving your resignation as illegal termination/retrenchment, the adjudicating authority/Labour Court may pass an order in your favour granting reinstatement in service even with back wages. Flirting is not illegal, but any act that makes a woman uncomfortable can be illegal. Our law is more protective of women and it's necessary to look at the state of women in our country. In the given scenario, you can file a sexual harassment case against your senior to the Internal Complaint Committee(ICC) within a period of 3 months, from the date of the incident under Sec 9 of the Protection of Women from Sexual Harassment at Workplace Act, (PoSH) 2013. Once a company receives a sexual harassment complaint from a woman employee, ICC carries out the routine inquiry and investigation into the allegation. Depending on the outcome of the investigation, some corrective action is taken. During the pendency of the inquiry interim relief may be granted to the aggrieved woman. The ICC may recommend the employer to Transfer the aggrieved woman or the respondent to any other workplace. Grant leave to the aggrieved woman for up to a period of 3 months. Grant such other relief as may be prescribed. On completion of the inquiry, the committee(ICC) submits its recommendations to the employer, within 10 days and the employer must act on those recommendations within 60 days. If the recommendation of ICC goes against you and the employer takes action against you, you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. Apart, you can also file a civil suit before the Civil Court seeking appropriate relief in the matter.

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