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pratibha (md)     09 January 2014

Forceful resignation

my company which i hav joined jst 2 months back is forcefully asking me to resign from the post so that they can absorb theire favorit employee, who was on maternity leave for 3 months, what legal action i can take against my company, before my joining they forced me to join as soon as possible, n now they are saying we dont have funding to keep all the employees, please help me, they are physicaly n mentaly abusing me



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 5 Replies

Rajeev Kumar (Lawyer/Advocate)     09 January 2014

For replying your query, i need some clarification. What were the term and condition of your employment paper? What are the proofs of forecful resignation and joining?

Rajeev Kumar (Lawyer/Advocate)     09 January 2014

For replying your query, i need some clarification. What were the term and condition of your employment paper? What are the proofs of forecful resignation and joining?

Kumar Doab (FIN)     09 January 2014

Record the transactions (audio/visual) of forced resignation, physical and mental abuse and keep these safely.

It is offense and if forced resignation is extracted you may withdraw it at once in writing naming the persons that have extracted it by force.

If you succeed in recording then you shall have irrefutable evidence in your hands.

If possible keep some evidence and witness with you.

Has your employer issued offer letter or appointment order?

Are you under probation period or your services have been confirmed?

What is this establishment that has issued appointment letter to you: Commercial or Industrial?

You and the establishment are in which state?

How many employees are employed in it?

What is your designation and nature of duties?

Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................

 

 

1 Like

pratibha (md)     10 January 2014

thanx for ur responce.. i do hv our conversation on skype for the job security n early joining,bt i dont hav any documented proof for forced resignations as all the things which they hav said s verble, n yes they create a doubt that company is going to be sell within one month so u resign, bt now i came to know that all the things were fake company is very much running, i hv joined on 5th nov 13 n resigned on 24 dec13, i was on probation, my post was of project manager n signed a bond of one year for nt leaving the company, yes they hav given a offer as wel as appointment letter to me, company is clinical research organisation n situated in mumbai, n i hv shifted to mumbai from rajasthan(alwar)... can i demand for the compensation for the mental harrasment n financeal loss? please help.

Kumar Doab (FIN)     10 January 2014

You have posted that:

-----“my company which i hav joined jst 2 months back is forcefully asking me to resign from the post”

“i hv joined on 5th nov 13 n resigned on 24 dec13, i was on probation,”

Both are conflicting.

If you have already resigned on 24 dec13 then it is almost over 2 weeks.

Do you want to withdraw your resignation claiming that it was extracted by force?

Until your lawyer that has seen all docs and record you may hold and now proceed under expert advice of your lawyer that has analyzed all docs on record and your inputs in person..............

----“my post was of project manager n signed a bond of one year for nt leaving the company,”

If you have resigned by your free will then you have violated the Bond.

The company may tell you that it can issue notice for recovery of liquidated damages stated in Bond.

However company may not succeed if company has not incurred any expense on a training that added some extra ordinary skill/qualification to you...........................

You may show this bond to your lawyer.

----“n i hv shifted to mumbai from rajasthan(alwar)... can i demand for the compensation for the mental harrasment n financeal loss? “

Did the company agree to pay for relocation expenses?

Did you claim such expense?

If you have resigned by your free will then your claim of harassment/compensation may not have force in it.

You may show all docs and record and proceed under expert advice of your lawyer..................

Your lawyer can opine on merits and remedies.

You may find the attachments useful.

 

 

 

 

 


Attached File : 930890883 417759075 validity of employment bonds.pdf, 930890883 background paper.pdf downloaded: 63 times

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