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Asking for transfer on health issues and company asking to resign
12-Jan-2023 (In Labour & Service Law)
Hi , I am working in a MNC and suffering from a serious health disease .. I told this problem to my company but still they neglected it and sent me to another city ..Now after 5 months ..My condition got more worsed ..So I came back home for treatment..I am asking for relocation to my city for treatment on health grounds ..but hr is asking me to resign ...Can I file case against the company and hr
Please clarify as to whether any written correspondence has taken place in this regard, or whether you have placed any formal application before your company. Your contract details with the company will also have to be seen.
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Adv. Nupur Kumar
Delhi | 100+ Answers
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Hi. In the narrow conspectus of facts shared by you, it seems that you can initiate appropriate legal proceedings before courts of competent jurisdiction seeking a direction upon the company to consider your application within a specified time limit.
Helpful?
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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You should initially look for internal solutions. That being if there is a domestic enquiry committee in the company then you ask the HR to set the same so that your matter can be heard just like a matter is being heard in the court.
If they don't have a domestic enquiry setup with themselves then you may write to the higher authorities if that being a possibility.
But if that is also not available in your case then you should initially sent a legal notice to your company asking for relocation and thereafter shall come to court.
Please be clear on one point it is easy to come to court but difficult to win as proving that you have been forced to resign is a huge task and it can't be done unless you have some proof against the company to show as evidence before court.
If they don't have a domestic enquiry setup with themselves then you may write to the higher authorities if that being a possibility.
But if that is also not available in your case then you should initially sent a legal notice to your company asking for relocation and thereafter shall come to court.
Please be clear on one point it is easy to come to court but difficult to win as proving that you have been forced to resign is a huge task and it can't be done unless you have some proof against the company to show as evidence before court.
Helpful?
21+
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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