Complaint in labor court against employer
pushpendersharma1991
(Querist) 23 February 2015
This query is : Resolved
Dear Sir, I am in trouble Actually I have joined a partnership firm in last Jan 2015. Every thing was going on good but Now suddenly my employer is asking for my resignation without any reason, because he is again rehiring our Ex. Accountant. who were left out his firm since Dec 2014. Now I am quite disturbed & helpless.
Sir, please suggest what should i do to get it out to this problem. Because I have nothing done wrong here. Inspite of that he is terminating me without any reason. I Have just a copy of my offer letter. Please suggest can I file a complaint in labor court against my employer. I want to teach him a bitter lesson.
Kumar Doab
(Expert) 24 February 2015
(A) If you resign:
1. The onus to prove that you were asked/forced/coerced/pressurized to resign may fall upon you.
Hence record (audio/visual/witnesses/minutes ) etc....
2. It might be difficult to prove that you were forced to resign.
Forced resignation can be termed deemed termination.
3. With immediate effect employer might be pleased to square off the dues by adjusting notice pay,,,therefore if at all you decide tender notice of resignation under proper acknowledgment.
(B) The employee's/Trade Unions e.g. CITU/INTUC/AUTUC/BMS.........can represent and help......
Look for another employment.
If you are not overage , prepare and find suitable employment by appearing in competitive exams or with some good employer with good HR practices.
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
If the employer is appearing to violate the terms or offer of employment, you may issue a legal notice demanding your rights and if things are not straight even after that you may think of further legal action, consult a local labor law practising advocate, take his advise and move further.
