Definition: Constructive dismissal is a situation where the employee is forced to leave or quit his/her job not because they want to, but because of the employer's conduct. The resignation could be the result of bad working conditions or changes in terms of employment which leaves the employee with no other choice but to quit.
Description: Constructive dismissal is very common in organisations. As such, most employees usually leave their boss and not the organisation. This could be because they don't like the behaviour of the employer, were bullied at work, harassed, there was violence against you or the employers made you work in dangerous conditions.
If an employee resigns from his/her job because of the employer then it could be considered as constructive dismissal. But, the employee has to show that the employer has committed a serious breach of contract which forced you to take such an action.
Breach of contract would involve any of these conditions - your employer did not pay your dues or demoted you without any reason, hard/dangerous working conditions, change in the schedule outside your contract note such as night shifts, harassment, violence, etc.
In such cases employees retain the right to seek legal course of action against the company and claim damages. The resignation could be triggered by a single or a series of incidents which have already happened in the past.
However, one important point to note is that the employee might think that the reason behind the resignation was the employer but it is very difficult to prove it in the court of law. Hence, unless and until the employee does not have any substantial evidence against the employer, it would be tough to prove it.
If your evidence is not substantial then there is a good chance that the employer would be given the benefit of doubt.
Description: Constructive dismissal is very common in organisations. As such, most employees usually leave their boss and not the organisation. This could be because they don't like the behaviour of the employer, were bullied at work, harassed, there was violence against you or the employers made you work in dangerous conditions.
If an employee resigns from his/her job because of the employer then it could be considered as constructive dismissal. But, the employee has to show that the employer has committed a serious breach of contract which forced you to take such an action.
Breach of contract would involve any of these conditions - your employer did not pay your dues or demoted you without any reason, hard/dangerous working conditions, change in the schedule outside your contract note such as night shifts, harassment, violence, etc.
In such cases employees retain the right to seek legal course of action against the company and claim damages. The resignation could be triggered by a single or a series of incidents which have already happened in the past.
However, one important point to note is that the employee might think that the reason behind the resignation was the employer but it is very difficult to prove it in the court of law. Hence, unless and until the employee does not have any substantial evidence against the employer, it would be tough to prove it.
If your evidence is not substantial then there is a good chance that the employer would be given the benefit of doubt.
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