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what about a situation where you are advised by the company to resign can you refuse to resign and what are your rights in that situation in terms of labor law a company cannot force you to resign from the workplace if they force you to resign that would be a constructive dismissal if the company is asking you to resign think carefully why they are doing it I would suggest you get some proper legal advice in your situation because once you resign then you have to go to the ccma and claim a constructive dismissal whereas if they fire you now they have to justify at the ccma why they fired you theres a big difference