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Company asking me to resign for 3 days leave without prior notice


11-Dec-2023 (In Labour & Service Law)

I was working in a private limited company. I had to take 3 days leave without prior intimation. Now the company is forcing me to resign. I want to know what action can company take against me? What are my rights against the company?

Answers (3)

Answer #1
637 votes
To know your rights against the company, I would like to see the employment agreement/contract to give you better advice. In most cases, the company has the right to terminate an employer's services however the law is clear that the company cannot do so without giving reasons or notice or compensation in lieu of notice period. If your company fails to follow the law, there are several remedies available to you. The first would be to send a strong legal notice. I can help you with the same. Please get back to me with the documents that I have asked for.
Regards
Answer #2
641 votes
In order to know the remedy available to you it is important to know the nature of work performed by you while in employment.
If you are a Workman as defined in the INDUSTRIAL DISPUTES ACT 1947 your remedy will lie in a Labour Court otherwise you will have to approach a Civil Court.
Please specify your nature of work so that the most appropriate course of action at be suggested.
Answer #3
910 votes
The terms of employment contract would determine the rights available to you. The action would depend on a lot of factors as to what was the urgency of work when you had taken leave without prior intimation. What does the terms of employment envisage as to the notice period etc...

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