Forced Resignation Dilemma: Should I Take My Case to the Labor Court?

I was working in one company at Wada for 5 years. The owner recently forced me to resign, and in my resignation letter, I mentioned this issue. However, he instructed me not to include these details and just submit a regular resignation. Despite his request, I refused to omit the information. Eventually, he accepted my resignation and officially relieved me via email on the 3rd of this month.

After Diwali, I began to consider my options. Should I take this matter to the labor court or seek resolution elsewhere?

Regards,
ARVIND RAWANKAR

Please provide the complete picture so that the other members can give their valuable inputs. The information that would be required is:

1. What were the circumstances under which you were asked to resign?
2. In what capacity were you working in the organization?
3. What is the status of your final settlement?
4. Any other information that you think is relevant to your query.

Regards,
Preetam Deshpande

Thanks for your concern about the member's request. I would like to disagree with some of the comments given. My view is that a problem is a problem and needs to be handled professionally regardless of how it is framed. Desperate situations require desperate solutions or measures.

Questions for Consideration

My question to the questionnaire is, is he/she a member of any professional body in the country he/she is writing from? Did he/she ever try seeking their professional advice before coming to this site? What do their country's labor laws say about the forced resignation he is talking about before we share our perspectives from the different countries we are writing from? Also, he should clarify what exactly happened between himself and his boss. How long has he been with the company?

Dear Sir,

What happened needs to be understood with some background details. There was one Director for this plant who recently left the company about 2 to 3 months ago. The owner's relative has taken charge of the company and started to work in his own way. According to him, he wants me to leave the company.

One day, he called me into his office and told me, "Dear Sir, 'jitane ki mary umar hi utana apaka experience hai.' But now, I cannot afford your salary for this organization, so it will be better if you give me your resignation letter, and I will keep it with me. Please do not discuss this with anybody."

That day, I didn't say anything. His behavior was not surprising to me because he wanted to promote the person who was under me. The person under me is very close to the owner, as his father is also working in the same organization in a much higher position, considered next to the owner. Considering all these things, it was not easy for me to survive in the organization, but still, I was working.

Now, the boss started blaming me, i.e., harassing me. I think this much is sufficient to understand the situation.

After all, it is a private company, and no more than a kirana shop; whoever is close to the owner can enjoy benefits freely. However, it is not easy to get a job suddenly. There must be a solution to this matter, and I am searching for the same.

Regards,
ARVIND RAWANKAR

No one can dismiss a good and valuable employee just like that. If that happens, either the organization lacks value-based management or employee-oriented management. In either case, it is prudent that you seek employment elsewhere. Also, if you wish to contest it, consult a good legal expert and proceed further based on their advice. Remember, legal systems are not very fast in our country, and the outcome of the legal process may or may not favor you. What are you going to do in the interim period? Do your homework, consider all consequences, and then proceed further.

Best of luck and regards,

I agree with Mr. Murdhar—resignation at will or resignation by force is giving up. Here, they have not terminated you but have asked you to resign, wherein you can claim your notice period, giving you enough time to search for a good job. Additionally, you will not forgo the experience certificate, which may not be of any help in case of termination. Lastly, if you have completed a full five years, you are also entitled to Gratuity, etc. Therefore, it is advisable to handle the situation delicately instead of immediately pursuing legal action against the employer.

I have noticed that most of the posters want legal action to be taken against the employer, without considering problem-solving measures first. They may not be thinking about whether taking legal action could harm their future or have a negative impact on their career. This is my opinion; you may also consider advice from other members.

Termination and Rehiring Procedures

Employers cannot terminate employees forcefully, as it is illegal to do so. Termination must follow the proper legal procedures and be based on valid reasons. If an employee is terminated, and the employer wishes to rehire them, they must follow the organization's rehiring policies and procedures. This typically involves discussing the situation with HR, determining the reasons for rehiring, and following the standard hiring process. It is essential to handle terminations and rehiring processes professionally and in compliance with labor laws to avoid legal issues and maintain a positive work environment.

Regards

Termination and Re-employment Procedures

An employer cannot terminate an employee forcefully. If an employee wishes to resume work after being terminated, they should follow the company's procedures for re-employment. The company may seek assistance from relevant parties if needed.

Regards

Can an Employer Terminate an Employee Forcefully?

Can an employer terminate an employee forcefully? If yes, what steps should the employee take to resume work at the same company? Can the company seek assistance from any external party?

Please inform the forum about the reason for the termination so that appropriate advice can be provided. An employer cannot terminate an employee without a valid reason and due inquiry. They must substantiate the cause for severe actions such as termination.

Regarding resuming work at the same company, the employee needs to demonstrate their innocence in response to the charges brought against them during the internal investigation.

Thank you.