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Vijay Dattatraya (Own business )     03 April 2021

Termination

Respected all,

Employer is asking me to resign and if i wont they threat me to terminate...

In addition they have restricted me to come to office..

There is no valid reason behind such kind of behaviour..

Please suggest ?

Regards
vijay


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     03 April 2021

Either convince the employer (superior) and seek time for improvement or search for another employment, one can not work with an employer under those pressures and such functioning is not congenial either for employer or employee.  You have the options.  In case of illegal termination, you have to fight it out in courts.  Asking employees to come to the office is not a restriction but a lawful order.  You are posting your side of story stating that there is no valid reason and the employer may have his own story against you.  Convince the superior and continue till you get good employment, as termination may hamper your further opportunities.

P. Venu (Advocate)     03 April 2021

Resignation ought to be voluntary; the employee, certainly, can resist. It is wholly the employee's discretion.

Dr J C Vashista (Advocate)     04 April 2021

Why do you stick to same employer when environment is not conducive for you, as alleged.?

Ritesh Maity (Labour Law Advocate)     04 April 2021

As already stated by the learned forum members above, resignation has to be voluntary. You can resist as long as you want. Once the employer terminates your service, then only you may take any action against such 'illegal' termination. 

 

However, since they have already restricted your entry in the office, it means your service has already been terminated by way of refusal of employment. You may ask the employer in writing to allow you to resume your duties.

 

If you fall with the category of 'workman' as contemplated under the Industrial Disputes Act, you may approach the labour commissioner for redressal. 


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