pranshul (Senior Engg) 24 February 2015

Forced to resign

Hello Gentleman,

I am working in a reputed MNC in India , Company is sweden based.I have been employed here from past 5 years with good performance track.But unfortunately i and one of my coulegue has been in a situation where we are forced to Travel to " IRAQ " & " NIGERIA " for a month on business trip.

Now as we all know what is going on in IRAQ - IS-IS daily killings & all and EBOLA in NIGERIA.In both the cases it is too dangerous and it is directly a life risk.

Also i have checked the external affairs ministry travel advisory which clearly states to refrain traveling till further notice ( link mentioned below)

https://mea.gov.in/press-releases.htm?dtl/23467/Travel+Advisory+for+Indian+Nationals+in+Iraq

Now my boss is forcing me to leave to Iraq asap , i simply dont want to talk about the risk cover as i dont want to go.Moreover nobody is giving me in written that they are the one who are responsible for my travel or Iraq is safe to travel . if i didnt accept then they are saying either you will be terminated or u have to put the resignation.

I am seeking some genuine legal advise on the above mentioned issue as soon as possible as i dont want to travel to IRAQ.

Management knows the risk but they are not supportive.please guide

Rgds

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5 Replies

Pinakin Joshi (Independent) 24 February 2015

Just whistle blow!!! refer EHS policy, ISO- policy and draft a letter addressed to chairman, md, vp, director, and management insert relevant clauses also tell them you are going to inform on this to Ministries of external affairs as well ministry of labour.

pranshul (Senior Engg) 24 February 2015

Thx,appreciate for your help .Are these EHS & ISO policies are company specific and needs to be demanded from HR or are they standard . in that case could you please guide where to find them

(Guest)

No escape, except to follow order of the employer or to switch over to some other company.

Pinakin Joshi (Independent) 01 March 2015

get me the details of your company name!!! the name of employer who has signed this letter???

Kumar Doab (FIN) 01 March 2015

Before you decide to travel,resign or be terminated...................::::

1. Record the statements (audio/visual/witnessed/minuted) for use at appropriate time in appropriate forum....................

2. Submit gentle communications (under proper acknowledgment) addressed to bosses::::::; and minute the discussion as one liners.....................and add that no written order to travel is issued and supplied to you......

If you are unable to draft take help of your labor Law Consultant/Service Matters Lawyer/law firm...

3. Forced resignation can be termed offence and deemed termination.

4. The united employees can handle such matters better than isolated ones. If you have 'Grievance Redressal Committee', 'Works committee' as per ID Act in your company refer to them................or to Dept. of labor Officials of your state.......................and they can intervene and slap huge penalty......

5. For your interest firm up your next venture...