Forcing to resign

You are in which state?

In which state is HO/Redg. office of the company?

The establishment you are working with is Industrial or Commercial Establishment?

-----First of all approach a competent and experienced labor consultant/service lawyer with copies of standing orders of the company, Appointment letter, HR policy, service rules, conduct rules, severance policy, copy of the stinkers/emails, appreciation letters, appraisals, Tgt Vs performance record, etc and give inputs in person and draw your strategy and proceed under experts advice of your lawyer.

Designation alone does not decide employee is a workman or not. Labor laws applicable to a workman limit the choice to employer.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act…….. So, if the employee falls within the definition which has been provided under the enactments, then he would be protected up to that extent.

Your lawyer may opine that you fall within the category of a workman.

If there is a registered trade union become a member.

If there is a Works Committee, seek advice from them.

If there is a Greivance Redressal system, learn how you can approach them in the company.

----The employee needs to learn how to defend his employment and employability. The sudden loss of employment will affect ability to negotiate future ventures.

Forcing to write resignation is an offense. Employee has to prove he was coerced/ forced to resign.

Forced resignation can be Deemed Termination. If employee can prove he was forced to resign, there would be no resignation at all.

The affected employee(s) should record such transactions (audio/visual) and keep witness/evidence, for use at appropriate time in appropriate forum.

If some line manager/HR personnel extracts resignation by coercion/force employee should preferably address resignation to them, and should withdraws the resignation at once by email/Fax followed by letter thry redg.psot addressed to MD, appointing authority, Company secretary, Chairman citing reason that Mr/Ms…………designation/dept/name of company/address, extracted this resignation against will of the employee on dated at time app…………on dated……….in office and same is withdrawn.

Even after withdrawing the resignation if the company accepts the resignation it may reflect the intentions of the management.

Resignation can be withdrawn before it is accepted.

You should be at least able to prove under which circumstances and conditions resignation was extracted from you.

----Employee should be SMART and achieve some kind of control/handle on company to make them negotiate and grant sufficient time, to firm up next job with good reference check, relieving letter with good comments in writing…….

Your lawyer may opine that you can lodge criminal complaint against the managers who extract resignation from you in premises of the company.

If at all you end up tendering your resignation, don’t tender on the spot in the meeting room and tender notice of resignation under proper acknowledgment by redg. post, with full notice period applicable to you.

The notice of resignation can not be accepted before expiry of notice period.

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.

Let the company accept it before expiry of notice period.

----Usually companies coerce/force employees to resign and avoid terminating. Resignation from employee is considered safe. Usually companies prefer to issue termination without stating any reason to avoid claim of stigmatic termination.

Before termination company should grant opportunity to employee, thus natural justice.

The right to hearing is a fundamental right (audi alteram partem). Under law, no person can be accused of anything without giving him proper opportunity of being heard. Principles of Natural Justice are part and parcel of civilised society and forms the very basis of labour laws in India. Thats why Indian employment laws provide for conducting enquiries when employer observes that an employee has committed misconduct.

“Locus poenitentiae “ : Locus poenitentiae is a Latin phrase associated with contractual law which means opportunity to withdraw from a contract or obligation before it is completed or to decide not to commit an intended crime.

----Companies also try by transferring to far off locations. Transfer can be contested if employee can lead to evidence that transfer was malafide.

So start building evidence and written record in your favor.

Remain amiable but alert.

Hope you can read between the lines.

There are many threads initiated by employees on similar subjects, yu may may find these relevant and useful and go thru these e.g;

https://www.lawyersclubindia.com/forum/Termination-of-a-confirmed-employee-78771.asp#.UWqZLNgsHso

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-still-not-done-78821.asp

Let your lawyer's opinion be final on all points discussed in this thread.

Valuable advice of learned experts/members is sought.

It is always advisible to opt profession in accordance with the qualification.  You hv not said what is yr qualification and  yr job profile, yr age etc.  If there is a mismatch between the qualification and the work, this is bound to happen especially in pvt.sector, one day or the other.  If an employee does not adapt himself/herself to the changing circumstances, the  circumstances/employers will change them.  All employers, especially in pvt secctors are always cost conscious. If an employee turns out redundant, they think that when they can get freshers/a little experienced  for half salary they are paying to u, why cann't they go for them.  There is no loyalty/job guarantee for any one.

If u think, u cannot cope up, better negotiate get max.compensation n go with a good touch,

Dear Sir,

             I am an ex-employee of a multinational insurence company where I had worked for four years (13 aug 2009 to 01 aug 2013) I was a  permanent employee, and recently I got promotion also but suddenly  on 16 aug 2013 my super boss has taken froced resignation from me with two other staff as I was on leave for 40 days in the months of april and may 2013 for my father's treatment (he is fighting with prostate cancer) so he said I am non productive and gave us early releaving .i.e. 01 Aug 2013 same day I met to my regional HR as per her it is against the company 's policies and send me to my superime boss (Boss of my super Boss) but he said that he can't help me as its my super boss initiative. on 12th aug I have written a mail to upper level i.e. upto chief HR..then I got a call from my regional HR for a meeting on 20th aug 2013 I met to my reginol HR and his Boss(HR) but he said that retaintion is not possible as I am late. my super boss has a nature to take  frequent forced resignation.as per company's policies forced resignation is a crime..but as my super boss designation is big so no one is taking any action against him..please advice me what can I do. Is there any time limit for the same.?.

You have posted that:

-------“on 16 aug 2013 my super boss has taken froced resignation from me with two other staff “

What was the date put on resignation by you 16^th Aug 2013 or some other date?

Or this boss extracted undated resignation and put the back date by himself by his hand?

Did you write under force/pressure/threat/intimidation notice of resignation or resignation with immediate effect?

 Did you retain any copy with you or this boss did not leave any copy with you?

This boss made you sign on typed resignation or it was handwritten by you?

Which are these other two employees who were made to sign their own termination order along with you: your colleagues or your reportees?

Is your office and location in office where your resignation was extracted under CCTV surveillance?

----------“and gave us early releaving .i.e. 01 Aug 2013 ‘

If your resignation was dated 16^th Aug 2013, it can not be accepted from 01 Aug 2013.

If you were made to sign on notice of resignation it can not be accepted before expiry of notice period………………………….

You may refer to the

Supreme Court of India judgment

Nand Keshwar Prasad vs Indian Farmers Fertilizers ...

Already quoted in previous post in this thread.

Have you worked from 01 Aug 2013 to 16^th Aug 2013 and marked your attendance?

If yes then too your resignation can not be accepted from 01 Aug 2013………………………

--------“same day I met to my regional HR’

You have reported the illegal, criminal conduct of your boss to the responsible official of the company…………………………………and then company can not process the resignation…………………

If it has all the officials of the company have become party to the offence.

Did you mention your report to this HR lady in your email and representation/minutes even if by email?

---------“boss (Boss of my super Boss) but he said that he can't help me as its my super boss initiative. ‘

Thus extraction of resignation by force was well planned and each one is involved and is a party.

You and your colleagues could have recorded (audio/visual) the meeting with everyone.

----------“on 12th aug I have written a mail to upper level i.e. upto chief HR.’

If you have stated that resignation was extracted on 16^th Aug how can you write such email on 12^th Aug.

Correct your statements.

--------“then I got a call from my regional HR for a meeting on 20th aug 2013 I met to my reginol HR and his Boss(HR) but he said that retaintion is not possible as I am late.”

You are not late as on the same day (16^th Aug or whichever correct date it is) office to HR.

You are being tricked and being taken for a ride.

All of them are seasoned players of such games and know that you (may like many others who have been their victims) will settle down like momentary bubble.

They are from the community which believes employees down the line are like ‘Sheep’ and to be herded like that.

----------“my super boss has a nature to take  frequent forced resignation.’

That is why he is there in this company.

Trade Unions know the precise ways how to deal with such individuals.

Such HR personnel/Line Managers are not fit to be left to loose around in a civilized society.

In some states Trade Unions for your sector have been formed and they have successfully handled cases of termination and such bosses and Super Bosses.

---------“as per company's policies forced resignation is a crime..but as my super boss designation is big so no one is taking any action against him’

As per law it is.

As per your company’s (and other companies) internal and unwritten Policies/practices it is not……………………………….

HR is looked upon as an ideal in the companies however (barring a few practitioners of good HR practices) rest are a rotten lot like the one you have encountered.

Here the ‘Worst is the Best’.

By now you should have understood it.

What exactly now you want to do and what is your objective?

First of all approach a competent and experienced labor consultant/service lawyer with copies of all of your communications at once and let your lawyer cover all loopholes you might have left, and draft a representation (to be sent by you) addressed to good offices of Appointing Authority, MD, Company Secretary and demand that original resignation extracted from you be returned to you at once by redg. post and its acceptance be called back, say within next 2 days.

You and both of your colleagues stand as a witness to each other, and remain firm.

If the good offices also do not resolve and act against this boss, super boss etc submit a legal notice by your lawyer, and let your lawyer help you to file police complaint.

Approach elders in the family, your community leaders, trade union leaders, Labor Inspector, Inspector under Shops and Establishment Act ( it might also be labor Inspector)…………………….file a complaint under acknowledgment.

Keep influential and legally trained mind with you to help you all the time.

These bosses in the company shall still try to intimidate you.

However you must stand your ground.

If you were good in your trade you shall be picked up by other companies.

We have seen many of such cases and all good employees getting absorbed in good companies.

Therefore do not get intimidated. 

Dear Sir,

                First of all I would like express my thanks for all yours'  advice.

               Sir, I did some mistake and left some loophole in my previous post which I am correcting here. please help.

              Sir, My forced resignation date was 16 july 2013 by mistake  which had typed 16 august in my previous post.

              Resignation was neither typed nor hand written,as we have to upload a separation request on our company's website which require bosses approval and then HR's approval to complete the process.

              Other two employees who had resigned with me were my colleagues.

               Resignation had taken in our office only, where my boss sits, and the office is not in CCTV surveillance.

               I had given 30 days notice period i.e.16 aug 2013 but my super boss had given me early relieving i.e,01 aug 2013. I have print of my notice period.

               As I had relieved on 01 aug 2013 so I have  not worked between 01 aug 2013 to 16 aug 2013. 

               I had met my Regional HR on 01 aug 2013 and reported it, before her approval (My super boss approved our resignation on 31 july 2013 night " I have his communication SMS with me)

              Then I have written that mail to my chief HR on 12 Aug 2013 and so My regional HR and her boss called me for a meeting, on 20 aug 2013 we met but as per him I am late so retention is not possible. Also he had threatened me for writing this mail and was asking me the name of the person who has suggested me to write this mail he said he will spoil my 7 years career. that's why I have not written any mail to my MD as you suggested me earlier.

Sir I want to know, what can my previous  HR do with my career?

       What is the time frame to file a case after such incident?

       Where I can file my case i.e. Labour court, civil court or criminal court as was handling a managerial post in company?

        I was treating my father by company's mediclaim which had closed due to my resignation.my father is fighting with Prostate cancer.

        My marriage had planed but bride party has taken back there proposal due to above incident.

So I request you kindly suggest me what can I do and how can I deal with it.

Thanks and Regards

Amitabh

You have posted that:

-------“Resignation was neither typed nor hand written,as we have to upload a separation request on our company's website”

“I had given 30 days notice period i.e.16 aug 2013 but my super boss had given me early relieving i.e,01 aug 2013. I have print of my notice period.’

Employee should always submit notice/resignation by letter thru redg. post even if company has some stupid software…………………………

Until or unless Boss or even Super Boss is empowered by Board of the company NO Boss or SUPER BOSS can be competent authority to accept resignation leave apart accept it before expiry of notice period…………………………….

There acceptance by Super Boss is one defect (Not Competent) and acceptance before expiry of notice period is another defect.

The judgement of Supreme Court of India has been mentioned in previous posts.

-------“ I have print of my notice period.’

The printout shall be relevant for you.

-------“ As I had relieved on 01 aug 2013 so I have  not worked between 01 aug 2013 to 16 aug 2013. ‘

You and other employees maintain that you were forced to resign and prevented from remaining on job and attend office.

-------“ Also he had threatened me for writing this mail and was asking me the name of the person who has suggested me to write this mail he said he will spoil my 7 years career.’

This man from HR should have conducted this investigation and provided full report to you also.

Your lawyer may opine that your mail to this man in HR is sufficient document on record.

Since he has neither conducted any investigation nor provided any copy to you it should go in your favor.

Such threats should be recorded.

------“ that's why I have not written any mail to my MD’.

You should have approached elders in the family and your lawyer.

------‘ what can my previous  HR do with my career?’

If you are not at fault: Nothing.

You have to have strong resolve to handle your case.

If all affected employees are united it will help each one.

-------“ What is the time frame to file a case after such incident?”

Limitation period to file for pending dues nay be 3Y.

-------“ Where I can file my case i.e. Labour court, civil court or criminal court as was handling a managerial post in company?’

What is your level in hierarchy? Draw position wise chart.

What is the position of other employees?

Did you receive letter of promotion?

--------“ I was treating my father by company's mediclaim which had closed due to my resignation.my father is fighting with Prostate cancer.

        My marriage had planed but bride party has taken back there proposal due to above incident.“

You should have put all of this in front of you and should acted smart than submitting  your resignation under force.

Share everything with your lawyer.

You and your colleagues should proceed under expert advice of your lawyer that has seen all of your docs and have analyzed your inputs.

In some states Trade Unions for your sector have been formed and they have successfully handled cases of termination and such bosses and Super Bosses.

You must be aware of it. If your are not aware of it confirm in your next post.