• Force resignation and threat of termination without paying salary

,

I am working with a automobile dealer from last 1.5 year, yet m not got the confirmation.. my provident fund is being deducted regularly ...but for last 3 months company did not payed me salary , after my several request ( verbal ) they released one month salary.(ln this month August 2018.)

Now management is forcing me to resign n giving threat of termination, as I had not taken signature of client on a sales contract which we generally use for booking of a vehicle as this booking was received by a broker to me.
I had been given one warning letter for poor performance as m in sales in March 2018.

What should I do ?? Should I resign?? Or should I fight for my dues n compensation??
Asked 4 years ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Hi, In both the conditions you can legally ask for you Dues by filing a complaint at the labour forum

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

See it will be better to take all your pending dues notice for salary amount and resign as the termination and legal battle shall effect you career ask them to pay your full and final payment and serve notice period and look for better job you should fight for your salary and amount even resigning .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Cannot force to resign without valid grounds.

Even for termination, employer is liable to give vaild reasons. If not their action can be question in court of law.

if company forced you to resign from the job you can file a civil suit.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

There's no point in fighting with the administration, because you cannot confront them and expect that your relations with them will be smooth for your rest of the stint/continued job with them.

Having said the above, the employment agreement has to be fully complied with this dealer and hence you are liable to receive all your dues in terms of the employment agreement.

If on termination, they are willing to release all your dues, including the salary in lieu of notice period for termination, you cam think about the option that they are giving you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Resign from the company

Obtain experience letter and relieving letter

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

In my view it will be better to settle the dues with the employer.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. Approach the dealer or his HR department and ask for your dues;

2. If they do not give you the same then send a legal notice;

3. Take legal action as a method of last resort;

4. You can also claim compensation for the mental loss suffered by you;

5. Collect evidences oral and documentary in your favour ok.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

I advise you to resign as fighting the case in the court will be a long and arduous process.

You may claim your PF and other dues.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the warning letter contains the clause that on next negligence or poor performance they can remove you without second warning then you have to resign.

But you are eligible to get your 3 months' salary. If thry do not give you file recovery suit after giving them legal notice.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hi,

you may fight for due compensation and put all your defence to the employer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You dont resign the job.

Let them take action for terminating your services.

You can tackle them legally after that including compensation for mental harassment

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. Do you have a written contract of employment?

2. Do not resign, let the employer terminate you. Termination can always be challenged before the court. Even at the time of termination the employer is bound to make a full and final settlement and release your dues.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer