Forced to resign

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What is the legal recourse in labour law to person who is forced to resign from a firm/company?
 
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Lawyer

Forced resignation tentamount to 'Termination of services'. Employee shall have to prove that the resignation was secured under force. 

 
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Advocate

There is no such one as forced resignation. If it is proved as forced there is no resignation at all. approach the labour court.

 
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Labour Lawyer Ranchi Jharkhand

It is true that there is no such term as 'Forced risignation'. So it has to be proved before the Labour Court that the management obtained resignation under thret/coersion or by applying Force against the employee's will.
The burden of proving this fact will be on the employee.

Therefore, if such resignation is obtained by the management, the employee should immediately write another letter for withdrawal of such resignation on the principle of Locus Panetentai.
If the management, in preence of withdrawal of letter, accepts the earlier letter, then it will be easy to prove the intention of the management.
Regards,
Vikas.
 
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Forced resignation cases are covered under " Otherwise Termination" You have to prove only How & under what circumstances the resignation was obtained from you.

 
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specifying the acts of each individual  role in obtaining the resignation.

 
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specifying the acts of each individual  role in obtaining the resignation.

 
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To take the company to court and prove that the resignations was taken by force

 
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Dear Sir,


Difference in Basic & DA since appointment due to being not technical employee but treated in technical grade with a difference of about 300 pm since 1994 is recoverable ?  


Keshav Kumar Saxena


 

 
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Labour Lawyer Ranchi Jharkhand

Dear Keshav,

Your case is that the technical persons are getting Rs. 300/- per month more than what you are getting. Though, you are also performing the same job.

If your company falls under the definition of 'Industry' withing the meaning of s. 2(j) of I.D.Act and you are a 'Workman' within the meaing of s. 2(s) of the Act. Then you can raise an Industrial Dispute before the appropriate government and after the case being referred to the labour court, your case can be adjudicated properly.

Your case is required to be referred u/s 10 of the Act because u/s 33C(2) you will have to prove the existing right over your claim, which may be difficult for you as your are not having technical qualification. What you are having is, the experience, which is question of fact and the same required to be proved in course of evidence.

As such in my openion it will be better to get your case referred before the Labour Court. You will deffinately get unpaid wage.
 
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