Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant

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Dear All,
My friend and his wife both got terminated from their jobs due to reason Husband & Wife can't work in same organisation.
My friend updated his marital status on employee portal within 20days from marriage.
His wife not updated her martial status as immediate boss guided not to update and he will manage the same within organisation.
My friend's wife got pregnant and applied for maternity leave duely approved by Regional HR on mail. ASM, ACM & RSM were also in loop.
After completing her maternity leave when my friend's wife came for joining again HR directly Escalated the case to head HR and they diagnosed and came to conclusions that my friend's wife should RESIGN from job as both husband & wife can't continue in same organisation.
As guided and under immense pressure my friend's wife resigned from job clearly mentioning in resignation reasons.
After few days Regional HR, RSM, ASM & ACM again pressurized my friend and asked him to update his resignation or else company will terminate him.
My friend given all his logic but sucummed under immense pressure and updated his resignation. He was guided by his ASM & ACM that if he will update his resignation then company will not terminate him.
Now the twist in story My friend's after updating his resignation and clearly mentioning in resignation letter he will serve notice period, got Termination letter from HR with date mentioned back dated.
My friend's termination reason mentioned as Integrity and breach of Code of interest.
Now please suggest what to do next??? as my friend and his wife both career is spolied as they will not get job in reputed company and existing company will also not provide any reliving letter.
They are also ready to take legal help if you all guide.
Please reply as your suggestions will help to recover from darkness.

From India, Jamshedpur
Dear member,
Once your friend's wife resigned from the job, there was no reason for HR of that company to obtain resignation of your friend under duress. It appears that HR wanted to remove your friend and they have used their marriage as an alibi.
You have written that "After few days Regional HR, RSM, ASM & ACM again pressurized my friend and asked him to update his resignation or else company will terminate him." When authorities from different department join together to get the resignation of your friend, it shows that your friend would have been removed from the job anyway. That his wife also worked in the same company was just a ploy. Yes, suppression of material facts is a misconduct but that does not merit removal from the job!
Whether the forced resignation was legally challengeable or not that needs to be seen. Please confirm his designation, how many persons reported to him, whether this clause of husband and wife cannot work together was inserted in the appointment letter or not, whether the company has approved and certified standing orders or not etc.
Dinesh Divekar

From India, Bangalore
Pl inform whether both were in the cadre of workman as per the ID Act,1947 or above and also such a condition was stipulated in their appointment orders or in the service regulations applicable to their cadre.
From India, Salem
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