Sudden Resignation Request: Can My Friend Challenge This Legally?

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, we cannot do anything as there is a contract between the employer and employee. Please refer to the employment letter.

Some employers, at times, resort to drastic actions according to their whims and fancies based on the simple termination clause provided in the contract of employment. However, the remedy for the affected employee depends on the status of their job.

Legal Recourse for Workmen

If the employee is a "workman" as defined under section 2(s) of the ID Act, 1947, they can raise a dispute under section 2-A(1) of the Act before the area Conciliation Officer.

Legal Recourse for Supervisory/Managerial Positions

If the job is of a higher status, like supervisory or managerial, they can seek recourse under Civil Law for breach of contract. Fully aware of this legal position, the administrator insists on resignation. If the poster's friend is bold enough, they should not yield to the pressure at any cost.

Dear colleague, this matter is at a stage where the whimsical administrator has pressured your colleague to resign for no rhyme or reason. Neither can he legally compel her to resign, nor should she buckle under any pressure and take this step. She has every right to know the reasons for demanding resignation, and until they are given, she should stay put. It is not easy for them to terminate her 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 about this unjust incident and requesting his intervention.

Regards, Vinayak Nagarkar HR Consultant

Dear Friend,

Ask your friend to communicate with his/her employer that he/she is not going to resign without a written reason. Advise your friend not to resign and to let the employer take action. Your friend can only fight his/her case if the employer takes action. If the employee resigns, he/she loses the grounds for a legal fight.