RETRENCHMENT
Querist :
Anonymous
(Querist) 30 March 2011
This query is : Resolved
THE COMPANY HAS RETRENCHED FEW STAFF. BUT THE COMPANY IS SMART, IT HAS THREATNED ITS NON WORKER TO GIVE RESIGNATION LETTER SOME OF THE STAFF HAVE GIVEN THE RESIGNATION LETTER.
The Company business is doing very well and employs more than 500 staff.
Can you please inform
1) how we can prove that this resignation letter was coerced
2) what legal course can these staff take ?
Kindly advise us on an urgent basis.
Thanks
Kirti Kar Tripathi
(Expert) 30 March 2011
The concerned employees immediately send notice to the employer mentioning the fact of coercion, copy of the same be forwarded to the concerned officials of labour department, labour minister, district magistrate, concerned police station and officials. if there exist any union in the industry, to the office bearer of unions. Thereafter, raise industrial dispute with regard to termination on account of forced resignation.a
Advocate. Arunagiri
(Expert) 30 March 2011
It is too difficult to prove that the resignation was obtained by coercion. I suggest to claim the monetary benefits from them.
Kirti Kar Tripathi
(Expert) 31 March 2011
One more think, In case, the employee have not received acceptance of resignation in writing, send notice immediately revoking/withdrawing resignation. you can withdraw by telegram, email, registered post and speed post. my advise is you adopt all the modes simultaneously.
H. S. Thukral
(Expert) 04 April 2011
A resignation by threats and coercion is a question of fact. If employee can prove that it was not voluntary resignation, he can challenge it by describing it as termination.
