Forced Resignation Without Explanation: How Can My Colleague Reclaim His Job and Rights?

Dear Seniors, Recently, my colleague was asked to resign from the company by the MD. The reason was not explained to him. Professionally, he was doing very well in the organization. The employee tried to ask the reason, to which they just cited behavioral issues and did not provide any further details, despite being asked, forcing him to submit his resignation abruptly. In the presence of other senior members, he was coerced to handwrite the resignation and submit it to the HR manager with the next day's date.

Company Policies and Procedures

The company's appointment letter includes a clause for a one-month notice period on either side, a suspension clause, and an inquiry clause in case of any grievances. He is a confirmed employee who has completed one year and six months of service. The company holds an ISO 9001:2008 certification. His email ID was immediately deactivated, and an internal communication was promptly circulated among other HODs about his resignation without his consent or knowledge. However, he has not received written confirmation of the acceptance of his resignation to date, and the exit interview, clearance, and other formalities have not been completed with him.

Contesting the Resignation

The employee has chosen to contest this situation and officially withdrew his resignation from the company in writing within a week of his initial resignation (4 working days), requesting his reporting date to resume work. As of now (2 days later), there has been no response. I kindly request your input and suggestions on this case and how he should proceed to safeguard his interests and reclaim his position in the company.

Thank you for your valuable insights.

Thank you for your feedback. If an employee submits a resignation, they cannot take it back within the notice period or on similar grounds. However, the Supreme Court ruling states that an employee can withdraw their resignation within the notice period.

Please advise.

Thanks

Dear Pon, I think what you are saying is not correct. The querist also mentioned it. In one of the discussions in the past, the Supreme Court ruling was quoted by me, from what I recollect.

Regards,

Mr. Korgaonkar is right. An employee has every right to ask the reason why he has been asked to resign forcibly. If the company has not acknowledged his resignation, he can still apply for rejoining.

Critical Situation for Company and Employee

Now, it's a critical situation for both the company and the employee. The appointment order states that if an employee resigns, he has to serve a notice period. However, in this case, he did not resign willingly; he was forced to do so. If the company forced him to resign, they must provide a notice or pay in lieu of the notice period. Yet, the company has not given anything in writing stating that they do not wish to continue his service based on certain grounds.

Advice on Rejoining

I believe that no one should remain in a company where they are not valued. The sky is the limit for a successor. I suggest not rejoining the company.

Regards,
Arun J.