amit 05 February 2016

Force resignation

Dear members of panel

i am working in a big construction company . presently financial condition of the company is not bad . they are declaring profit in the book of accounts . But now the top mamagment is now taken detrenchment policy , based on performance . i feel that performance measurement is not fiar in the company . they are now insisting on force resignation/ threat resignation , else they will terminate or will not give experience certificate . it is applicalble for permement employees . They are not even giving a chance to perform in other areas/project

what legal steps can one employee take against this unfairmeans . As per labour laws , what protection one permement employee is having ? please suggest

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4 Replies

Kumar Doab (FIN) 07 February 2016

First thing First: Record irrefutable evidence of threats of Forced resignation or termination (audio/visual/minuted/witnessed). Even if you don't use it for the time being.

Download performance data.

Firm up your next venture ASAP.

Once you have everything make gentle representations to good offices of appointing authority, MD,Chairman etc and slip away from the penultimate action for the time being.

For coverage by labor Laws get your employment related documents aexamined by an able counsel specializing in Laabor-service matters.

Ritesh Maity (Labour Law Advocate) 30 April 2016

Please follow what Mr.Kumar Doab has said.

Apart from that you have to wait till the company takes any illegal step (i.e. termination). Once such step is taken you will need to take necessary legal measures.

shaiksurajmasthan 03 May 2016

Dear Sir, i am working for a pvt ltd company from 3.8 years, last week they have told they are dicontinuing production operations and they would run as wear house. They have given option to all employess to transfer other locations. I have also stated i would transfer to one of the location. but they are asking me to resign by giving one month notice. kindly advice what should i do. they are forcing me to resign.