I have been recently forcefully resigned from my service.Can i take any legal recourse against this?
From India, Asansol
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From India, Asansol
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Please provide us with the case study with all necessary details. Of course, you may proceed with the legal actions, but before that, whether the specific fact you are talking about is an issue or not under the law has to be decided. Without the material fact, any guidance would be based on opinions and assumptions lacking accuracy.
From India, Bangalore
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12From India, Bangalore
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Normally, you will find the following wording in an appointment letter under the notice period/termination/separation clause: "You will have the option to terminate the contract of employment by giving 1 month's notice in writing, or payment of the basic salary in lieu of notice period to the Company. Similarly, the Company may also terminate the contract of employment, without assigning any reason, by giving 1 month's notice in writing, or payment of the basic salary in lieu of the same."
The way you have the choice of separation through a resignation letter, similarly, the company has the choice of termination with or without giving any reason.
Resignation vs. Termination
Resignation is always better than termination. In the case of termination, getting a second job becomes difficult, whereas in the case of resignation, companies are still considering CVs.
It is difficult to prove "forceful resignation" in a court of law.
If you still wish to proceed further, you can contact a lawyer. They will provide all the ways to fight for your case. Now, you have to decide whether to put a full stop here and move on to the next step in your career or to file a legal case.
Regards.
From India, Mumbai
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The way you have the choice of separation through a resignation letter, similarly, the company has the choice of termination with or without giving any reason.
Resignation vs. Termination
Resignation is always better than termination. In the case of termination, getting a second job becomes difficult, whereas in the case of resignation, companies are still considering CVs.
It is difficult to prove "forceful resignation" in a court of law.
If you still wish to proceed further, you can contact a lawyer. They will provide all the ways to fight for your case. Now, you have to decide whether to put a full stop here and move on to the next step in your career or to file a legal case.
Regards.
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx