After joining an MNC for two months, my seniors pressured me to submit my resignation. They misused the PIP process to force me to leave the company. After four months of joining, they terminated me, stating, "As you are not submitting your resignation, we are terminating you." Additionally, I received an email stating that my resignation had been accepted. I suspect that HR secretly obtained my login details and submitted the resignation using their own system. Should I file a case in the labor court, lodge an FIR, or take this matter to the civil court?
From India, Porbandar
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From India, Porbandar
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Probation and Termination Clauses in Employment
This is another case of oversight on the part of HR. Whenever an employee is hired, the offer could be on probation with a condition that "during the probation period, your services shall be terminated without notice and assigning any reason thereof." If that was included in the appointment order, your service could have been terminated by sending you an email stating, "following clause No.....of the contract of employment, your service stands terminated with effect from....." There ends your employment, and you need not go to labor court, civil court, or the police station.
Addressing Forced Resignation and Legal Recourse
Now, coming to the situation, if you can establish that the HR person used your personal email ID to send a resignation, then it is a crime, and you should file an FIR against them. If the appointment order does not mention termination, or if you are not on probation, then you can challenge the termination. Whether to go to the labor court or civil court will depend on your status as to whether you were managerial personnel or not. In both cases, the contract of employment is very important.
Understanding HR's Role and Legal Options
Again, the HR person may not understand the complications of sending an email that clearly states they forced you to resign. No employer can force an employee to resign when there are options available under the Industrial Disputes Act to terminate an employee. Therefore, when you approach any authority, the plea should be to interfere in the matter of forced resignation and non-compliance with the law.
Please confirm your status/your functional position in the establishment, whether you had managerial powers or not, and the terms and conditions of the appointment so that we can guide you further.
From India, Kannur
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4526This is another case of oversight on the part of HR. Whenever an employee is hired, the offer could be on probation with a condition that "during the probation period, your services shall be terminated without notice and assigning any reason thereof." If that was included in the appointment order, your service could have been terminated by sending you an email stating, "following clause No.....of the contract of employment, your service stands terminated with effect from....." There ends your employment, and you need not go to labor court, civil court, or the police station.
Addressing Forced Resignation and Legal Recourse
Now, coming to the situation, if you can establish that the HR person used your personal email ID to send a resignation, then it is a crime, and you should file an FIR against them. If the appointment order does not mention termination, or if you are not on probation, then you can challenge the termination. Whether to go to the labor court or civil court will depend on your status as to whether you were managerial personnel or not. In both cases, the contract of employment is very important.
Understanding HR's Role and Legal Options
Again, the HR person may not understand the complications of sending an email that clearly states they forced you to resign. No employer can force an employee to resign when there are options available under the Industrial Disputes Act to terminate an employee. Therefore, when you approach any authority, the plea should be to interfere in the matter of forced resignation and non-compliance with the law.
Please confirm your status/your functional position in the establishment, whether you had managerial powers or not, and the terms and conditions of the appointment so that we can guide you further.
From India, Kannur
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