3 Answers
Dear Client,
Please be informed that an employer cannot ordinarily force an employee to resign merely through verbal instructions or pressure over telephone calls. It is advisable not to submit your resignation under coercion or stress without any formal reason or written communication. This is because a forced resignation will later on affect your due rights and claims under the employment. Kindly maintain record of all the conversations (including mails and messages) in connection with your employment status for future references. You should also review your employment contract and company policies especially the ones relating to termination clauses and policies. The employer must follow the procedure prescribed in your contract.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Client,
Do not submit your resignation verbally or via phone call. Any resignation, to be legally valid and binding on you, must be a voluntary act. If you are coerced into giving a verbal (or oral) resignation then that resignation can be avoided. If an employer pressures their employee to resign they are engaging in constructive dismissal which is effectively forcing an employee to leave while at the same time making it look like they have voluntarily resigned. Under Indian labour law, this type of behaviour is not allowed.
To ensure you have a clear record of our conversation and can use it as an example if needed, I suggest you email both your line manager and HR. It is vital for you to state in your email that you got a phone call concerning your resignation, that you did not resign, and that you would like to keep working with the company. In this way, you will have evidence that will be vital in any case that might come up in the future.
Should your employer fire you in the future without following the proper procedure, which includes issuing a notice of termination with cause, complying with the required notice period, and ensuring that all payments due to you have been paid, you can file a lawsuit against your employer for wrongful dismissal.
Under the Industrial Disputes Act and State Shops and Establishments Act, an employee cannot be dismissed from employment without just cause.
In case you are employed by an organization employing more than 50 employees, you are entitled to certain other rights under Chapter V B of the Industrial Disputes Act.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
give legal notice first to emplyer then file complaint in labour court.