If you are stuck in such a situation, here is what to do.

A frequent query we receive involves a scenario where a female employee, Mrs. Anjali Sharma, who has been on maternity leave for several months, is suddenly called into her office in Navinagar. Upon arrival at her company, “Innovatech Global,” she and a few other colleagues are informed by the Human Resources department that they need to submit their resignations. The reason cited is that they are currently “on the bench,” meaning they are not assigned to any active project. This situation is particularly distressing and legally complex, especially for an employee on maternity leave, which is a protected period.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act cautiously and be aware of your rights. Here are the immediate steps you should consider:

• Do Not Resign: Under no circumstances should you submit your resignation under pressure. A forced resignation can be legally contested and is often considered constructive dismissal.
• Communicate in Writing: Insist that any communication from HR or your manager regarding your employment status be provided in writing, preferably via email. This creates a documented trail of evidence. If they make a verbal request, send a follow-up email confirming the conversation.
• Gather Documentation: Collect all relevant documents, including your appointment letter, employment contract, recent salary slips, company policies, and any communication related to your maternity leave and the request for resignation.
• Record the Conversation (If Permissible): While laws on recording conversations vary, if you are in a situation where you feel pressured, discreetly recording the conversation might serve as evidence. However, it’s essential to understand the legal implications of this.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legal protections for an employee in this situation come from labour laws, not criminal statutes like the Bharatiya Nyaya Sanhita (BNS). The key laws are:

• The Maternity Benefit Act, 1961: Section 12 of this Act explicitly prohibits an employer from dismissing or discharging a woman during her maternity leave. It is unlawful for an employer to vary the conditions of her service to her disadvantage during this period. Terminating an employee for being on the bench immediately after or during maternity leave is a direct violation of the spirit and letter of this Act.
• The Industrial Disputes Act, 1947: A forced resignation can be challenged as “retrenchment” under this Act. If the company’s actions are deemed to be an unfair labour practice, the employee can seek reinstatement and back wages through the Labour Court or Industrial Tribunal.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: While not directly about resignation, if the pressure to resign is a form of retaliation or creates a hostile work environment for the female employee, it could potentially be linked to harassment.

If you are the complainant

As the person filing the complaint (the complainant), you are taking the first step to assert your rights. Your goal is to build a strong case against the employer’s unlawful actions.

• Send a Legal Notice: The first formal step is often to have a lawyer send a legal notice to the company. This notice will outline the facts, state the violation of your legal rights (especially under the Maternity Benefit Act), and demand corrective action, which could include withdrawal of the resignation request and an apology.
• File a Complaint with the Labour Commissioner: You can file a formal complaint with the Labour Commissioner or an inspector appointed under the Maternity Benefit Act. They have the authority to investigate the matter and direct the employer.
• Approach the Labour Court: If the issue is not resolved, you can file a case in the Labour Court, challenging the act as illegal termination or constructive dismissal.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of such an unlawful corporate practice, your immediate priority is to protect yourself and your position. The emotional and financial stress can be immense, but taking structured steps can empower you.

• Stay Calm and Professional: Avoid emotional outbursts or arguments with HR or management. Maintain a professional demeanor and state clearly that you are not willing to resign and that their request is illegal, especially while you are on maternity leave.
• Document Everything: Keep a detailed log of all interactions, including dates, times, names of people involved, and what was said. Save all emails and messages.
• Do Not Sign Any Documents: Do not sign any full and final settlement papers, experience letters that state you resigned, or any other document without legal review. Signing these could waive your right to take legal action later.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is important to understand that forced resignation is primarily a labour and civil matter, not a criminal one. Therefore, the police have a very limited role to play. You should not approach the police station to file an FIR for being asked to resign. The police will likely direct you to the Labour Department or a civil court, as this falls outside their jurisdiction. Police involvement would only be warranted if there are elements of criminal intimidation (threats to life or safety), extortion, forgery of documents, or wrongful confinement, which are offences under the Bharatiya Nyaya Sanhita (BNS). In most corporate cases of forced resignation, these elements are absent.

FAQs people normally have

People facing this situation often have pressing questions about the process and potential outcomes. Here are a few common ones.

What evidence is required?

To build a strong case, you will need concrete evidence. The more documentation you have, the better your chances of success. Key pieces of evidence include:

• Employment Contract/Appointment Letter: This establishes the terms of your employment.
• Emails and Written Communication: Any email from HR or your manager asking you to resign is direct evidence.
• Maternity Leave Application and Approval: This proves you were on protected leave.
• Witnesses: Colleagues who were also asked to resign or who witnessed your interaction with HR can provide testimony.
• Company Policies: The company’s HR policy, if it outlines procedures for termination or resignation.
• Salary Slips and Attendance Records: These establish your status as an employee.

How long will the investigation take?

The timeline for resolving such a dispute can vary significantly. If a resolution is reached after sending a legal notice, it might take a few weeks. A complaint before the Labour Commissioner could take a few months. If the matter proceeds to the Labour Court, it can be a lengthy process, potentially taking anywhere from one to several years, depending on the complexity of the case, the evidence presented, and the court’s workload. However, many companies prefer to settle such matters out of court to avoid legal battles and reputational damage, especially when they are clearly in violation of the law.

Advocate Sudhir Rao, Supreme Court of India