I was working in a company for the past 9 months. Suddenly before 4 days, they called me in the cabin. Hr, manager & team manager were there. They told me that my performance was not up to the mark & I gave them the clarification however they refused to hear me out. After a long discussion. HR told me to write a resignation on a blank paper. I refused,I told them that I want a day's time to think & also I requested them to allow me to make a call to my dad but they refused.
They didn't allow me to make a move from the cabin. They harassed and tortured me to the level where I forcefully was made to write a resignation on the paper and then I was told to leave the office. After that, I took all my belongings and I left. After 2 days I & my dad went to meet 3 of them. After a long argument & discussion the 3 of them i.e Hr, Manager & TL told me that all this was done for your betterment. My salary got credited on the same day. My resignation and the relieving letter are still with them.
Please let me know what action can be taken against them. If it is not possible to take any legal action against them kindly let me know what else can be done.
Please help.
From India, Mumbai
They didn't allow me to make a move from the cabin. They harassed and tortured me to the level where I forcefully was made to write a resignation on the paper and then I was told to leave the office. After that, I took all my belongings and I left. After 2 days I & my dad went to meet 3 of them. After a long argument & discussion the 3 of them i.e Hr, Manager & TL told me that all this was done for your betterment. My salary got credited on the same day. My resignation and the relieving letter are still with them.
Please let me know what action can be taken against them. If it is not possible to take any legal action against them kindly let me know what else can be done.
Please help.
From India, Mumbai
Yes, it is possible.
You can prepare a letter by help of a legal lawyer (in his letter head - it will give better impact). You need to mention that the resignation letter you are submitted was forcefully done. They are suppose to call you along with your lawyer to represent you. They are liable to pay you compensation for the sudden unemployment caused to you (in addition to your settlement).
Even you can approach local police station and ask those people to come there. They need to answer; atleast their confidence will go down.
Tell them that you will approach labour office and file a case against them which will lead them to unnecessary consequences.
From India, Chennai
100You can prepare a letter by help of a legal lawyer (in his letter head - it will give better impact). You need to mention that the resignation letter you are submitted was forcefully done. They are suppose to call you along with your lawyer to represent you. They are liable to pay you compensation for the sudden unemployment caused to you (in addition to your settlement).
Even you can approach local police station and ask those people to come there. They need to answer; atleast their confidence will go down.
Tell them that you will approach labour office and file a case against them which will lead them to unnecessary consequences.
From India, Chennai
Thank you so much for your reply Mr. Saravanan. I told them that I will drag you to the court however the Hr told me that the company will save them.
From India, Mumbai
From India, Mumbai
My suggestion is Instead of threatening them about court, practically drag them to police station. Company will send the HR only. He/She will get definitely pissed off to come to police station first and answering the questions. You will see the difference afterwards.
From India, Chennai
From India, Chennai
Hi Miss Nair,
Practically before the court of law, your resignation stands void. People think forcible resignation can be sued, but practically it is not possible. Only thing which the judge would ask is, whether the signature on the letter is your or not. If you say yes, then the case is closed. However you can file a harassment case against them, under "Fundamental Rights" which implies for the workplace as well. Even under harassment, there are close to 19 sections, which comes under "Workplace Harassment". Please consult a corporate attorney who will help you in this.
Before filing the case or sending in a legal notice, do collect your employment papers, amicably. You would need them as you have worked with them for 9 months. For future endeavors, please do have a copy of the harassment case, which would explain the situation. Some employer may even be skeptical in hiring you :)
From India, Bangalore
Practically before the court of law, your resignation stands void. People think forcible resignation can be sued, but practically it is not possible. Only thing which the judge would ask is, whether the signature on the letter is your or not. If you say yes, then the case is closed. However you can file a harassment case against them, under "Fundamental Rights" which implies for the workplace as well. Even under harassment, there are close to 19 sections, which comes under "Workplace Harassment". Please consult a corporate attorney who will help you in this.
Before filing the case or sending in a legal notice, do collect your employment papers, amicably. You would need them as you have worked with them for 9 months. For future endeavors, please do have a copy of the harassment case, which would explain the situation. Some employer may even be skeptical in hiring you :)
From India, Bangalore
Dear Ms Nair,
The fact of the matter is that your resignation is at place. It is a case of notice period salary from either side. If you resign, you should deposit salary of notice period, if management terminates you, they should pay you salary of notice period.
Since, management is not satisfied with your performance, they wanted you to leave without paying you advance salary for notice period. Therefore, they forced you to resign.
Otherwise they could charge you and terminate, leaving you at receiving end. In that case you could hardly find a job in other companies with a tag of non- performance and termination.
It is better for you to seek an experience certificate and request for a letter of appreciation so that you can find a job elsewhere. Perhaps, they would oblige you for a final settlement if you have not hurt them too much.
I beg to differ with those who advise you to go to police or seek a legal recourse. The case of harassment will not be proved and a tag of non- performance and revengeful employee will be finally labelled against you. Court may also award you to pay at least one month salary.
Better, approach for a truce with company and try to improve your performance. You have just 9 months working in the company that too on probation. In probation period, company can terminate your services, if not satisfied.
Dr. P. K. Bajpai
From India, Udaipur
The fact of the matter is that your resignation is at place. It is a case of notice period salary from either side. If you resign, you should deposit salary of notice period, if management terminates you, they should pay you salary of notice period.
Since, management is not satisfied with your performance, they wanted you to leave without paying you advance salary for notice period. Therefore, they forced you to resign.
Otherwise they could charge you and terminate, leaving you at receiving end. In that case you could hardly find a job in other companies with a tag of non- performance and termination.
It is better for you to seek an experience certificate and request for a letter of appreciation so that you can find a job elsewhere. Perhaps, they would oblige you for a final settlement if you have not hurt them too much.
I beg to differ with those who advise you to go to police or seek a legal recourse. The case of harassment will not be proved and a tag of non- performance and revengeful employee will be finally labelled against you. Court may also award you to pay at least one month salary.
Better, approach for a truce with company and try to improve your performance. You have just 9 months working in the company that too on probation. In probation period, company can terminate your services, if not satisfied.
Dr. P. K. Bajpai
From India, Udaipur
Dear Mr. Nair,
Out of all guidance above, you please follow the advice of Dr. P..K. Bajpai, as you are in probation period. Never kill the career, be careerist. Be follow positive thinking and never attract to negativism during the course of your employment. Wish you all the best.
T V S N Raju
From Nellimarla.
Out of all guidance above, you please follow the advice of Dr. P..K. Bajpai, as you are in probation period. Never kill the career, be careerist. Be follow positive thinking and never attract to negativism during the course of your employment. Wish you all the best.
T V S N Raju
From Nellimarla.
Dear Miss Nair,
Before taking any legal action please refer to your appointment letter. Generally there may be a clause of termination as mentioned below:
"That either party has a right to terminate this appointment without giving any notice or pay in lieu thereof during probation and thereafter by giving one month’s notice or one month’s salary in lieu thereof. [/U]The company shall be entitled to ask you to continue in the employment during the notice period. The services can also be terminated without any notice or pay in lieu thereof, provided –
(i) The Management finds that the particulars supplied by you either in the application form or at the time of interview are incorrect.
(ii) The Management finds that you are guilty of misconduct, willful negligence, disobedience, misappropriation, insubordination, and breach of terms of this appointment letter and acts of like nature."
Therefore, I totally join with the views expressed by Dr. Bajpai.
Please think again and again before taking any final action.
Vilas
From India, Ajmer
Before taking any legal action please refer to your appointment letter. Generally there may be a clause of termination as mentioned below:
"That either party has a right to terminate this appointment without giving any notice or pay in lieu thereof during probation and thereafter by giving one month’s notice or one month’s salary in lieu thereof. [/U]The company shall be entitled to ask you to continue in the employment during the notice period. The services can also be terminated without any notice or pay in lieu thereof, provided –
(i) The Management finds that the particulars supplied by you either in the application form or at the time of interview are incorrect.
(ii) The Management finds that you are guilty of misconduct, willful negligence, disobedience, misappropriation, insubordination, and breach of terms of this appointment letter and acts of like nature."
Therefore, I totally join with the views expressed by Dr. Bajpai.
Please think again and again before taking any final action.
Vilas
From India, Ajmer
Hi,
Ofcourse you can go to the case with "Harassment" and you must do this. With this please post your review for the company on Social Media on Glassdoor and on company's FB page.
See, might be you face difficulty in proving that they have pressurized you for giving resignation so I advised you to visit them once and have a talk and record all the conversation. By this way, you'll have some proof to show in court.
From India, Pune
Ofcourse you can go to the case with "Harassment" and you must do this. With this please post your review for the company on Social Media on Glassdoor and on company's FB page.
See, might be you face difficulty in proving that they have pressurized you for giving resignation so I advised you to visit them once and have a talk and record all the conversation. By this way, you'll have some proof to show in court.
From India, Pune
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