I was working in a company for the past 9 months. Suddenly, before 4 days, they called me into the cabin. HR, the manager, and the team manager were there. They told me that my performance was not up to the mark, and I gave them clarification; however, they refused to hear me out. After a long discussion, HR told me to write a resignation on a blank paper. I refused; I told them that I wanted a day's time to think and also requested them to allow me to make a call to my dad, but they refused.
They didn't allow me to leave the cabin. They harassed and tortured me to the point where I was forcefully made to write a resignation on the paper, and then I was told to leave the office. After that, I gathered all my belongings and left. After 2 days, my dad and I went to meet the three of them. After a long argument and discussion, the three of them, i.e., HR, the Manager, and the TL, told me that all this was done for my betterment. My salary got credited on the same day. My resignation and the relieving letter are still with them.
Please let me know what action can be taken against them. If it is not possible to take any legal action against them, kindly let me know what else can be done.
Please help.
From India, Mumbai
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They didn't allow me to leave the cabin. They harassed and tortured me to the point where I was forcefully made to write a resignation on the paper, and then I was told to leave the office. After that, I gathered all my belongings and left. After 2 days, my dad and I went to meet the three of them. After a long argument and discussion, the three of them, i.e., HR, the Manager, and the TL, told me that all this was done for my betterment. My salary got credited on the same day. My resignation and the relieving letter are still with them.
Please let me know what action can be taken against them. If it is not possible to take any legal action against them, kindly let me know what else can be done.
Please help.
From India, Mumbai
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Yes, it is possible.
You can prepare a letter with the help of a legal lawyer (on their letterhead for a greater impact). You need to state in the letter that the resignation submitted was done under duress. They should be contacted to arrange a meeting with you and your lawyer present. They are obligated to provide compensation for the abrupt termination of your employment, in addition to your settlement.
You also have the option to visit the local police station and request that the individuals involved attend. They will be required to respond, and this may affect their confidence.
Inform them that you intend to lodge a complaint with the labor office and take legal action against them, which could result in unfavorable consequences.
From India, Chennai
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103You can prepare a letter with the help of a legal lawyer (on their letterhead for a greater impact). You need to state in the letter that the resignation submitted was done under duress. They should be contacted to arrange a meeting with you and your lawyer present. They are obligated to provide compensation for the abrupt termination of your employment, in addition to your settlement.
You also have the option to visit the local police station and request that the individuals involved attend. They will be required to respond, and this may affect their confidence.
Inform them that you intend to lodge a complaint with the labor office and take legal action against them, which could result in unfavorable consequences.
From India, Chennai
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Thank you so much for your reply Mr. Saravanan. I told them that I will drag you to the court however the Hr told me that the company will save them.
From India, Mumbai
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From India, Mumbai
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My suggestion is instead of threatening them about court, practically take them to the police station. The company will send only the HR representative. They will definitely be upset about having to go to the police station first and answer questions. You will see the difference afterward.
From India, Chennai
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From India, Chennai
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Hi Miss Nair,
Practically, before the court of law, your resignation stands void. People think forcible resignation can be sued, but practically, it is not possible. The only thing the judge would ask is whether the signature on the letter is yours or not. If you say yes, then the case is closed. However, you can file a harassment case against them under "Fundamental Rights," which applies to the workplace as well. Even under harassment, there are close to 19 sections that come under "Workplace Harassment." Please consult a corporate attorney who will help you with this.
Before filing the case or sending a legal notice, do collect your employment papers amicably. You would need them as you have worked with them for 9 months. For future endeavors, please keep a copy of the harassment case, which will explain the situation. Some employers may even be skeptical about hiring you :)
Please let me know if you need any further assistance.
Thank you.
From India, Bangalore
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Practically, before the court of law, your resignation stands void. People think forcible resignation can be sued, but practically, it is not possible. The only thing the judge would ask is whether the signature on the letter is yours or not. If you say yes, then the case is closed. However, you can file a harassment case against them under "Fundamental Rights," which applies to the workplace as well. Even under harassment, there are close to 19 sections that come under "Workplace Harassment." Please consult a corporate attorney who will help you with this.
Before filing the case or sending a legal notice, do collect your employment papers amicably. You would need them as you have worked with them for 9 months. For future endeavors, please keep a copy of the harassment case, which will explain the situation. Some employers may even be skeptical about hiring you :)
Please let me know if you need any further assistance.
Thank you.
From India, Bangalore
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Dear Ms. Nair,
The fact of the matter is that your resignation is in place. It is a matter of notice period salary from either side. If you resign, you should deposit the salary of the notice period; if management terminates you, they should pay you the salary of the notice period.
Since the management is not satisfied with your performance, they wanted you to leave without paying you an advance salary for the notice period. Therefore, they forced you to resign.
Otherwise, they could charge you and terminate you, leaving you at the receiving end. In that case, you could hardly find a job in other companies with a tag of non-performance and termination.
It is better for you to seek an experience certificate and request a letter of appreciation so that you can find a job elsewhere. Perhaps they would oblige you for a final settlement if you have not hurt them too much.
I beg to differ with those who advise you to go to the police or seek legal recourse. The case of harassment will not be proved, and a tag of non-performance and revengeful employee will finally be labeled against you. The court may also order you to pay at least one month's salary.
It is better to approach a truce with the company and try to improve your performance. You have only worked for 9 months in the company, and that too on probation. During the probation period, the company can terminate your services if not satisfied.
Dr. P. K. Bajpai
From India, Udaipur
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The fact of the matter is that your resignation is in place. It is a matter of notice period salary from either side. If you resign, you should deposit the salary of the notice period; if management terminates you, they should pay you the salary of the notice period.
Since the management is not satisfied with your performance, they wanted you to leave without paying you an advance salary for the notice period. Therefore, they forced you to resign.
Otherwise, they could charge you and terminate you, leaving you at the receiving end. In that case, you could hardly find a job in other companies with a tag of non-performance and termination.
It is better for you to seek an experience certificate and request a letter of appreciation so that you can find a job elsewhere. Perhaps they would oblige you for a final settlement if you have not hurt them too much.
I beg to differ with those who advise you to go to the police or seek legal recourse. The case of harassment will not be proved, and a tag of non-performance and revengeful employee will finally be labeled against you. The court may also order you to pay at least one month's salary.
It is better to approach a truce with the company and try to improve your performance. You have only worked for 9 months in the company, and that too on probation. During the probation period, the company can terminate your services if not satisfied.
Dr. P. K. Bajpai
From India, Udaipur
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Dear Mr. Nair,
Out of all the guidance provided above, please follow the advice of Dr. P. K. Bajpai, as you are in the probation period. Never jeopardize your career; be career-oriented. Follow positive thinking and avoid being drawn to negativity during your employment.
Wishing you all the best.
T V S N Raju
From Nellimarla.
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Out of all the guidance provided above, please follow the advice of Dr. P. K. Bajpai, as you are in the probation period. Never jeopardize your career; be career-oriented. Follow positive thinking and avoid being drawn to negativity during your employment.
Wishing you all the best.
T V S N Raju
From Nellimarla.
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An action lies. However, there are a lot of pros and cons to be weighed.
From India, Kochi
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From India, Kochi
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Dear Miss Nair,
Before taking any legal action please refer to your appointment letter. Generally there may be a clause of termination as mentioned below:
"That either party has a right to terminate this appointment without giving any notice or pay in lieu thereof during probation and thereafter by giving one month’s notice or one month’s salary in lieu thereof. [/U]The company shall be entitled to ask you to continue in the employment during the notice period. The services can also be terminated without any notice or pay in lieu thereof, provided –
(i) The Management finds that the particulars supplied by you either in the application form or at the time of interview are incorrect.
(ii) The Management finds that you are guilty of misconduct, willful negligence, disobedience, misappropriation, insubordination, and breach of terms of this appointment letter and acts of like nature."
Therefore, I totally join with the views expressed by Dr. Bajpai.
Please think again and again before taking any final action.
Vilas
From India, Ajmer
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Before taking any legal action please refer to your appointment letter. Generally there may be a clause of termination as mentioned below:
"That either party has a right to terminate this appointment without giving any notice or pay in lieu thereof during probation and thereafter by giving one month’s notice or one month’s salary in lieu thereof. [/U]The company shall be entitled to ask you to continue in the employment during the notice period. The services can also be terminated without any notice or pay in lieu thereof, provided –
(i) The Management finds that the particulars supplied by you either in the application form or at the time of interview are incorrect.
(ii) The Management finds that you are guilty of misconduct, willful negligence, disobedience, misappropriation, insubordination, and breach of terms of this appointment letter and acts of like nature."
Therefore, I totally join with the views expressed by Dr. Bajpai.
Please think again and again before taking any final action.
Vilas
From India, Ajmer
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Hi,
Of course, you can go to the case with "Harassment," and you must do this. Please post your review for the company on social media on Glassdoor and the company's Facebook page.
It might be that you face difficulty in proving that they have pressured you to resign. Therefore, I advise you to visit them once, have a talk, and record all the conversations. This way, you'll have some proof to show in court.
From India, Pune
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Of course, you can go to the case with "Harassment," and you must do this. Please post your review for the company on social media on Glassdoor and the company's Facebook page.
It might be that you face difficulty in proving that they have pressured you to resign. Therefore, I advise you to visit them once, have a talk, and record all the conversations. This way, you'll have some proof to show in court.
From India, Pune
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Legal Liabilities Of Workplace Harassment.docx
Handbook on Sexual Harassment of Women at Workplace.pdf