bafanabafana
Dear All,
There are situations,when certain employees are asked to leave and threatened that if they do not resign,then they will be terminated.I would love to get your suggestions as to what the employee can do to defend.

From India, Kolkata
nathrao
3131

It is a very difficult situation.
He can take legal action but that is time consuming.
He can go to labour officer of the area(if he is worker) and complain and take union support also.
When suddenly asked to go the best an employee can do is to politely try and find out reasons.
If an employee is careful and alert he can pick up signs that he is on hit list.
Subtle signs are always there which many a time does not get noticed.(depending on seniority of position or appointment)
best way is if you start sensing any such signal then start looking around for other options in discreet manner.

From India, Pune
Dinesh Divekar
7883

Dear Bafna,
This is in addition to what Mr Nathrao has said. What is the nature of your industry? What type of work employees handle? In what city your company is located?
Before taking help of Labour Officer (LO), it is important to generate evidence of the threat. Therefore, all the employees come together and decide that if anyone gets a threat, he/she needs to record the conversation between the authority and that employee. This type of sting operation is necessary go generate evidence.
Even before the sting operation, please find out where is the labour office located for your company's area. Sooner the threat comes, you should be able to take help of LO swiftly.
Thanks,
Dinesh Divekar

From India, Bangalore
riteshmaity
243

I guess the employer is ONLY VERBALLY threatening you to resign/ leave otherwise you will face termination. Since he has not yet terminated the service, try to gather as much documentary evidences as possible so that you can use it later.
Once terminated, you can approach the appropriate authority for legal remedies which can be time consuming as well as costly. So think before you decide and if possible consult a labour advocate in this regard.
Please check my blog at www.labourlawhub.com

From India, Kolkata
bijay_majumdar
366

There may be reasons that such situation arises.Threatening to resign is no valid reason .Threatening means some body forcefully trying to dump. As long as your appointment is leagal you can fight for your right.As others indicated you must lookout for evidences and signs prying againt you.Seek Leagal advise and act.
From India, Vadodara
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