Legal question and answer by best advocates
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Question
Q: Can I report a forced resignation to labor authorities?Answer
A:
Yes, you can report a forced resignation to labor authorities if your employer pressured, coerced, or created an unbearable work environment, leading to your resignation. Under Indian labor laws, forced resignation may qualify as wrongful termination (constructive dismissal), and you can file a complaint with the appropriate labor authorities.
✅ If resignation was not voluntary – If your employer threatened, harassed, or forced you to resign.
✅ If company policies or employment contract were violated – If termination procedures were not followed.
✅ If your resignation was due to unfair treatment – Examples include salary cuts, demotion, workplace harassment, or excessive workload designed to push you out.
✅ If your employer refuses to pay severance or final dues – You can file a complaint for non-payment of wages, severance pay, or benefits.
Authority | When to Approach | How to File a Complaint |
---|---|---|
Labour Commissioner’s Office | If you were forced to resign due to unfair practices or unpaid dues. | Submit a written complaint with evidence of forced resignation. |
Labour Court / Industrial Tribunal | If your employer violates employment laws or contract terms. | File a case for wrongful termination and demand compensation. |
National Human Rights Commission (NHRC) | If forced resignation involved workplace harassment or discrimination. | Lodge an online complaint on the NHRC website. |
Women’s Commission (if applicable) | If resignation was due to gender-based harassment or unfair treatment. | File a complaint for gender discrimination or workplace harassment. |
✅ 1. Collect Evidence
✅ 2. File a Formal Complaint with the Labour Commissioner
✅ 3. Approach the Labour Court or Industrial Tribunal (if needed)
✅ 4. Send a Legal Notice Before Taking Action
✅ Assess your case and advise on the best legal action.
✅ Draft a complaint for labor authorities to strengthen your case.
✅ File a legal notice for compensation if forced resignation is proven.
✅ Represent you in labor court for wrongful termination claims.
Would you like help in filing a complaint or sending a legal notice to your employer?
.By Advocate BK Singh
(Delhi High Court)