Forced to resign - Legal remedy

If you are an employee, you can approach the labour court in the according jurisdiction. File a suit to challenge the order of termination against the company.Better consult an advocate who deals with Labour matters.

You can very well obtain an order from a court of law against the compulsion. But all based on the terms and conditions of your working place

In a case of Forced Resignation one should immmediately send a letter to the highest authority of the management stating there  in the manner in which the Resignation letter  was forcefully obtained, against free will of employee. And by the same letter one should withdraw the Resignation letter forcefully obtained from him.

after withdrawing the Resignation letter, one can file a case in Labour Court, stating this mode of Termination to  be covered in Otherwise Termination.

What would be the remedy if the Highest autority is the person compelling the employee to resign the job?

The remedy is same as in case of termination of service. If there is no word from the magmt. on acceptance of resignation, withdraw it. You can claim reistatement in service in Labour Law but the onus/burden of proving the forced resignation shall be on you. 

No matter if one who compells to resign is the highest officer. Write letter to him & withdraw the resignation letter. If nothing positive comes then file the case within time limit in jurisdictional cLabour Court.

A.N Sinha

Thanks for sharing your valuable feedback with us