HR Force fully take my resignation
2 weeks ago
after joining of 2 month in an MNC my seniors are pressuring me to submit resignation. they used PIP wrongly against me to leave company. after 4 month of joining they terminate me by saying that "AS YOU ARE NOT SUBMITING YOUR RESIGNATION WE ARE TERMINATING YOU" and also i received mail that my resignation has been accepted. i doubt that HR secretly get my login and submit resignation by their own System. should i file case in labor court or file an FIR or should i take this metter to CIVIL COURT?
Going to the labour court shall not serve the purpose as your job will not qualify to have the jurisdiction of the labour court. In case you have not resigned and they have accessed your login details then it certainly amounts to an illegal action on their part and that you can always challenge through a legal notice followed by a civil and/or criminal case against them.
A forced resignation is similar to the termination of employment. Moreover, forcing an employee to resign is considered a violation of employment laws, including the Industrial Disputes Act of 1947, the provisions of the particular employment contract and the subjective internal policies of the employer. Generally, the employer needs to provide at least one month’s prior notice or payment in place of serving a notice for terminating employment. In this regard, the courts in many judgments have held that forced resignations cannot be termed as voluntary, and resignations tendered under duress or obtained by the employer in any other manner amount to termination of services by the employer. So, in this case, you need to send a legal notice to the company for arbitrary and forceful termination of employment. Next, if you are covered under the definition of workmen under section 2(s) of the Industrial Dispute Act, then you can file a complaint to the Labour Commissioner for appropriate remedy. Further, you can file a suit under section 33C(2) of the I D Act before the concerned Labour Court and seek the payment dues. If you are not covered under the definition of workmen, then you can file a civil suit against the company and seek compensation and appropriate relief. The courts, in such cases, might order the employers to compensate the employee or reinstate the employment. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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.]
A.Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, 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 after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, if you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, contact a lawyer.
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