• Forced Termination

Hi my wife was forced to resign by her employer. She was not given any reason for this action. She was not given any notice or prior intimation. The company made her write a resignation email and the handed over the resignation letter.
Questions:
1. Where should we fight this matter? In which court?
2. The company is registered in India but is a MNC headquartered in US. Who should be sent the notice?
Asked 1 year ago in Labour

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9 Answers

1. If she was working in workers' category, she can fight it out in Labour Court.

2.  The legal notice to be sent to the HR of the Company in India.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

1) When did your wife submit registration letter 

 

2) has the resignation letter been accepted 

 

3) she can with draw resignation letter before it’s acceptance 

 

4) if her resignation is accepted she cannot withdraw the resignation letter 

 

5) if she was forced to resign  against her wishes complain to labour commissioner against the company 

Ajay Sethi
Advocate, Mumbai
95212 Answers
7611 Consultations

5.0 on 5.0

1.  If she has been forced to tender resignation, she can issue a legal notice immediately mentioning the event while expressing her grievances for this dastardly act unleashed by her employer and demand to reinstate her by rejecting the forcibly obtained resignation letter.

2. If the company is having its office in India, the legal notice can be addressed to the office where she was working and if the company is giving her the relief she demanded in the legal notice, she can approach high court with a writ petition seeking the desired relief.

T Kalaiselvan
Advocate, Vellore
85413 Answers
2239 Consultations

5.0 on 5.0

in the district civil court where the office of the company is situated or the employees works.

notice to be sent to the chief of that office or the director of the company.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

The contract of employment has to be studied to render proper advice in the matter. As US companies work on hire-and-fire policy, it is no use fighting against their system. Ask your wife to move on. She may get better opportunities. Good luck!

Swaminathan Neelakantan
Advocate, Coimbatore
2839 Answers
20 Consultations

4.9 on 5.0

- The Supreme Court has held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.

- Further, the resignation can always be withdrawn by the employee before the effective date mentioned in such resignation.

- Further, the employer cannot refuse the request for withdrawal of the resignation and to prevent the employee from discharging his/her duties.

- Further, the resignation decision is the employee’s decision, and the option is available only to the employee to withdraw it during the notice period.

- Hence , your wife cannot be forced to resign by the employer and such acts are against the law. 

- She can send a legal notice to the said employer for restoring and continuance of the said job . 

Mohammed Shahzad
Advocate, Delhi
13539 Answers
201 Consultations

5.0 on 5.0

Dear Client,

Before leaving a job, it is customary to give the employer advance notice of one week or longer. While doing so can maintain cordial relations that may let you ask them for future job references.

If they terminate than they have to mention the proper reasons. If employee does not has any fault than company has to mention that it's company's issue not fault of employee. In that case employee is legally can claim much better compensation and company has to give that compensation. If they does not give proper compensation than the employee can complain in labour department or court. If company wrongly mention employee fault in termination letter. Than it also can challenge in labour court. And company has to give much larger compensation. Plus company image also be deminish. There are many such cases, where companies has to give big compensation.

So hold your ground strongly. Do not resign if there is no fault from you. Prepare your legal case with a legal advisor. Be ready for fight and gain huge compensation.

Ask your HR to provide you a written communication for this. They can just say it but they cannot give you this thing in written.

Resignation should be voluntary and not forced. Forced resignation amounts to illegal termination. Since the company is required to follow a lot of legal technicalities as well as pay compensation in case of termination (unless there is any proved misconduct), they ask/ force the employee to resign so that the said employee cannot raise any dispute and/ or demand compensation afterwards.

When an employee asks to resign, you can do the following:

  1. Refuse to resign and keep working.
  2. Ask the employer to communicate in writing expressing their desire of you resigning (which they will never do)
  3. Write to the upper management stating that Mr X is forcing you to tender resignation
  4. If you have to tender resignation, write that “As instructed by the management, I have no other alternative but to resign from service w.e.f. …………………………”

Do these only if you want to drag the company to the court.

Otherwise, negotiate with the company, try to get the best severance amount and leave and look for another opportunity.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
9199 Answers
111 Consultations

4.7 on 5.0

You can send them a notice and move before labour court Or labour commissioner office for appropriate reliefs

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

Dear Sir,

You can approach the High Court and/or the office of Labor Commissioner.

==========================================================================

Section 12 in The Industrial Disputes Act, 1947

  1. 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.]

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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