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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 months of joining, they terminated me by saying that "AS YOU ARE NOT SUBMITTING YOUR RESIGNATION, WE ARE TERMINATING YOU", and also I received mail that my resignation had been accepted. i doubt that HR secretly get my login and submit resignation by their own System. should i file case in labour court or file an FIR or should i take this metter to CIVIL COURT?
From India, Porbandar

This is another case of foolishness on the part of HR. Whenever an employee is hired, the offer could be on probation with a condition that "during probation period, your services shall be terminated without notice and assigning any reason thereof". If that was there in the appointment order, certainly, if your service could have been terminated by sending you a mail that "following clause No.....of the contract of employment, your service stands terminated with effect from.....". There ends your employment, then you need not go to labour court, civil court or Police Station.

Now, coming to the situation, if you can establish that the HR person had used your personal email id to send resignation, then it is a crime, and you should file an FIR against him. If the appointment order does not speak about termination, or if you are not on probation, then you can challenge the termination. Whether to go to Labour Court or Civil Court will depend on your status as to whether you were a managerial personnel or not. In both the case, the contract of employment is very important.

Again, the HR is a person who does not know the complications of sending a mail which clearly says that he had forced you to resign. No employer can force an employee to resign when there are options available under the Industrial Disputes Act to terminate an employee. Therefore, when you approach any authority, the plea should be to interfere in the matter of forced resignation and non compliance of law.

Please confirm your status/ your functional position in the establishment, whether you had managerial powers or not, and the terms and conditions of appointment so that we can guide you further.

From India, Kannur
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