Can an employee be removed without a proper cause, are there any legal implications associated with it? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
+1 Other

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One of my friends, who is working in a firm, her reporting manager as well as all those who work with her are having high regard towards his work , but now out of the blue the administrator has asked her to resign, he is not giving any reason for that, in spite of repeated asking , there are no reasons given for her, what can she do in such a situation, can she approach the matter legally
Legally can not do anything as there is a contract between employer and employee , please see the employment letter
Some employers, at times, resort to such a drastic action according to their whims and fancies based on the simple termination clause provided for in the contract of employment. But the remedy for the affected employee depends on the status of his job. If he is a "workman" as defined u/s 2(s) of the ID Act,1947, he can raise a dispute u/s 2-A(1) of the Act before the area Conciliation Officer. If the job is of any higher status like supervisory/managerial he can take recourse under the Civil Law for breach of contract. Fully aware of this legal position only, the administrator insists on his resignation. If the poster's friend is bold enough, let him not yield to the pressure at any cost.
Dear colleague
This matter is resting at a stage where the whimsical Administrator has pressurised your colleague to resign for no rhyme or reason.
Neither he can legally compel her to resign nor she should buckle under any pressure and take this step.
She has every right to know the the reasons for demanding resignation and until it is given, she should stay put.
It is not easy for them to terminate as an alternative for her refusal to resign without
following due process of law.
At this stage she should also escalate this matter to the top person by going on record this unjust incident and request his intervention.
Regards.
Vinayak Nagarkar
HR-Consultant

Dear Friend,
Ask your friend to communicate his/her employer that he/she is not going to resign without a reason in writing.
Ask your friend not to resign and let the put the ball in court of employer act on. Your friend can fight his/her case only when employer act upon employee. If employee resigns, he/she looses the ground for legal fight.

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