Force me to resign

 You may go thru Shops and Commercial Establishments Act of your state which should be available at the website of Dept. of Labor Tamilnadu or you can download from internet or buy from market, and go thru clauses on Notice of dismissal, Hours of work etc..

Record the meetings (audio/visual) and keep evidence/witness with you when you are being forced to write your own resignation or face termination.

Since you are being coerced and forced to resign you can raise Industrial Dispute now. Approach Inspector under Shops and Commercial Establishments Act, labor Inspector,  ALC in o/o Labor Commissioner.

You can approach Trade Unions also. The trade union leaders can be your witness. Meet them in person as ap.

If you have been working for more than 8 hours/day lodge claim for OT and keep copies.

Similar queries have been discussed in detail in other thread also e.g;

https://www.lawyersclubindia.com/forum/Company-trying-to-terminate-me--90855.asp#.UmummnCAqWM

https://www.lawyersclubindia.com/forum/Indian-law-similar-to-out-of-hours-working-banned-by-german-91026.asp#.UmumenCAqWM

It shall be appropriate to show all of your docs including job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders, attendance/OT record …………………………………etc to a competent and experienced labor consultant/service lawyer and proceed under expert advice.

The lawyer that has seen all of your docs can advise you the best.

yaaa thats right i agreed

Hi sir,

i am on probation period,their is any rule or law like that if you are on probation period company will not give any notice period,they can ask any time for resignation and terminate the employee.Pls reply soon sir same happened with me.

Regards

Mohsin Hussain

You may go thru Shops and Commercial Establishments Act of your state which should be available at the website of Dept. of Labor of your state or you can download from internet or buy from market, and go thru clauses on, issuance of appointment letter,  Notice of dismissal, Hours of work etc……………………………………………………and relate it with your length of service and find out what is the notice period stated in it for your length of service.

e.g. it might be stated in clause on “  Notice of dismissal” that after 3 months of service notice period to be given by employer shall be 1 month.

If it stated so then even if appointment letter is not issued you may succeed to claim such notice period and notice pay.

If there is a clause on issuance of appointment letter and appointment letter I not issued by employer then it is violation by employer and Inspector under this Act ( it might be Labor Inspector holding this charge too) can penalize the employer.

If Inspector takes n action then even if employer issues Appointment letter you may either decline to take it or you must receive it in current date only on which it is supplied to you and you shall have the right to reject the clauses in appointment letter that are not acceptable to you.

You may not accept the appointment letter on the spot and take it home and consult your counsel.

Another view point is that even if appointment letter is issued to you and notice period during probation period is stated as NIL you may refer to the Shops and Commercial Establishments Act of your state and claim notice pay.

Notice period during probation period can be NIL.

Even if a probationer is to be terminated company should follow Natural Justice.

You may consult elders, trade union leaders, lawyer for better understanding of the posts in this thread and do not proceed on your own.