Hi Arpita,
In either case, there will be severance of the employee-employer relationship. Hence, the first question is: why do you want to terminate such an employee? The employee, once relieved after termination, carries a stigma. However, every employee must adhere to the rules/guidelines as per the standing orders/service contract until the last minute of their work, whether normal or during the notice period. If an employee commits grave misconduct during this period, you can terminate their services with due proceedings.
Regards,
Raj Kumar Rai
From Australia
Acknowledge(0)
Amend(0)
2In either case, there will be severance of the employee-employer relationship. Hence, the first question is: why do you want to terminate such an employee? The employee, once relieved after termination, carries a stigma. However, every employee must adhere to the rules/guidelines as per the standing orders/service contract until the last minute of their work, whether normal or during the notice period. If an employee commits grave misconduct during this period, you can terminate their services with due proceedings.
Regards,
Raj Kumar Rai
From Australia
Acknowledge(0)Amend(0)
As per my view, unless and until resignation is accepted, an employee is deemed to remain an employee. Thus, management has the full right to reject his resignation and may order his suspension followed by a proper inquiry on the subject.
Vinay
D. Dun
From India, Delhi
Acknowledge(0)Amend(0)
Vinay
D. Dun
From India, Delhi
Acknowledge(0)Amend(0)
Dear Mr. Rajeev,
I hope you are educated, but I have no idea how you became an HR PROFESSIONAL.
a) Are you aware of what is being discussed in this thread?
b) Can you define the MAJOR PURPOSE of launching the CITEHR COMMUNITY?
Why are you people not following basic ethics? How did you acquire your EDUCATIONAL QUALIFICATIONS, the so-called DEGREES? Please use your COMMON SENSE and APPLY LOGIC before you do anything.
In the middle of the discussion, you are posting your requirement. Whatever you did, do you call it a PROFESSIONAL APPROACH? People like you are degrading CITEHR because you are not using your BRAIN. Start using it so that you can really grow up. WAKE UP MR. RAJEEV.
I request all SENIORS, MODERATORS, MENTORS, MOTIVATORS to educate people like Mr. Rajeev. It's our prime job; only then can we make the best use of this community.
With profound regards.
From India, Chennai
Acknowledge(0)Amend(0)
I hope you are educated, but I have no idea how you became an HR PROFESSIONAL.
a) Are you aware of what is being discussed in this thread?
b) Can you define the MAJOR PURPOSE of launching the CITEHR COMMUNITY?
Why are you people not following basic ethics? How did you acquire your EDUCATIONAL QUALIFICATIONS, the so-called DEGREES? Please use your COMMON SENSE and APPLY LOGIC before you do anything.
In the middle of the discussion, you are posting your requirement. Whatever you did, do you call it a PROFESSIONAL APPROACH? People like you are degrading CITEHR because you are not using your BRAIN. Start using it so that you can really grow up. WAKE UP MR. RAJEEV.
I request all SENIORS, MODERATORS, MENTORS, MOTIVATORS to educate people like Mr. Rajeev. It's our prime job; only then can we make the best use of this community.
With profound regards.
From India, Chennai
Acknowledge(0)Amend(0)
Hi Arpita,
The same case was about to happen in my office as well. However, we have mentioned in our terms and policy document that an employee cannot join any client of the company for two years. This way, we were secured, and that employee did not join our client.
Please check your company policy document. If this policy is present, none of the employees can do what this person has done. If you don't have this policy, you should add this aspect immediately.
Thanks,
Riddhi
From India, Delhi
Acknowledge(0)Amend(0)
The same case was about to happen in my office as well. However, we have mentioned in our terms and policy document that an employee cannot join any client of the company for two years. This way, we were secured, and that employee did not join our client.
Please check your company policy document. If this policy is present, none of the employees can do what this person has done. If you don't have this policy, you should add this aspect immediately.
Thanks,
Riddhi
From India, Delhi
Acknowledge(0)Amend(0)
Dear Arpita,
What is the content written in the resignation letter submitted by him? If he himself apologized and agrees to the mistake committed in the resignation letter, then based on your analysis/results and manager consent, you can terminate him with immediate effect. However, it would be better if you take another letter from the employee stating, "Release me with immediate effect," and you can accept his resignation letter and release him (not terminate). On the letter of agreement of termination against the contract letter (issued at the time of his joining), you can write the cause of his resignation/termination of the contract letter with your organization.
From India, Delhi
Acknowledge(0)Amend(0)
What is the content written in the resignation letter submitted by him? If he himself apologized and agrees to the mistake committed in the resignation letter, then based on your analysis/results and manager consent, you can terminate him with immediate effect. However, it would be better if you take another letter from the employee stating, "Release me with immediate effect," and you can accept his resignation letter and release him (not terminate). On the letter of agreement of termination against the contract letter (issued at the time of his joining), you can write the cause of his resignation/termination of the contract letter with your organization.
From India, Delhi
Acknowledge(0)Amend(0)
Dear HR Managers,
My friend has also come across such a sort of incidence. He has been working in one of the leading private banks in India for the last three years. As he got another opportunity to work, he resigned from his earlier company after clearing all their dues on the first of February 2011. He then asked his senior to accept his resignation, but his senior did not accept the resignation. He also received the salary for the month of February.
In the first week of March 2011, his senior came and handed him his termination letter in the wake of an issue for which my friend was questioned in October 2010.
Is this the right way to terminate somebody, and what legal courses of action are open for my friend? Please reply ASAP.
From India, New Delhi
Acknowledge(0)Amend(0)
My friend has also come across such a sort of incidence. He has been working in one of the leading private banks in India for the last three years. As he got another opportunity to work, he resigned from his earlier company after clearing all their dues on the first of February 2011. He then asked his senior to accept his resignation, but his senior did not accept the resignation. He also received the salary for the month of February.
In the first week of March 2011, his senior came and handed him his termination letter in the wake of an issue for which my friend was questioned in October 2010.
Is this the right way to terminate somebody, and what legal courses of action are open for my friend? Please reply ASAP.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Amit,
It would not be wise to comment on the legality or illegality of the termination without understanding the nature of the offense your friend is supposed to have committed in October. Therefore, it is premature to provide a proper solution without the details of the incident for which he was previously questioned.
You may want to provide complete details of the incident your friend faced, the management's approach to handling the offense, the circumstances surrounding his resignation, any correspondence exchanged with the management during the resignation process, and the contents of the termination letter.
The case should be evaluated in its entirety rather than solely based on the termination letter.
Regards,
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
dcgroup1962@gmail.com
From India, Delhi
Acknowledge(0)Amend(0)
It would not be wise to comment on the legality or illegality of the termination without understanding the nature of the offense your friend is supposed to have committed in October. Therefore, it is premature to provide a proper solution without the details of the incident for which he was previously questioned.
You may want to provide complete details of the incident your friend faced, the management's approach to handling the offense, the circumstances surrounding his resignation, any correspondence exchanged with the management during the resignation process, and the contents of the termination letter.
The case should be evaluated in its entirety rather than solely based on the termination letter.
Regards,
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
dcgroup1962@gmail.com
From India, Delhi
Acknowledge(0)Amend(0)
Dear Arpita,
The reply to your question has to be dealt with in two parts:
1. The resignation submitted by the employee is not complete until the same is accepted by the employer.
2. Termination of employment is the outcome of two circumstances:
a) After serving a notice if stipulated in the terms of employment with the grounds of termination.
b) After providing natural justice to the employee to defend himself against the allegations stipulating the misconduct by way of a charge memo followed by a domestic enquiry, proving him guilty of the misconduct and then terminate him.
In the circumstances explained by you, mere acceptance of his resignation will serve your purpose of keeping him out of your employment.
Partha Chakrabarty
From India, Mormugao
Acknowledge(0)Amend(0)
The reply to your question has to be dealt with in two parts:
1. The resignation submitted by the employee is not complete until the same is accepted by the employer.
2. Termination of employment is the outcome of two circumstances:
a) After serving a notice if stipulated in the terms of employment with the grounds of termination.
b) After providing natural justice to the employee to defend himself against the allegations stipulating the misconduct by way of a charge memo followed by a domestic enquiry, proving him guilty of the misconduct and then terminate him.
In the circumstances explained by you, mere acceptance of his resignation will serve your purpose of keeping him out of your employment.
Partha Chakrabarty
From India, Mormugao
Acknowledge(0)Amend(0)
Hi Arpita,
There is no law that states you cannot take disciplinary action against someone who has committed misconduct. An individual remains an employee until officially relieved, but it is important to assess the breach of trust and the extent of damage it has caused to the organization. If the breach is significant, then taking action is necessary as it serves as a lesson for all.
However, the legal process can be lengthy and cumbersome, involving commitment from both parties, and the outcomes may be subject to questioning in courts. If the breach of trust is not severe, it may be advisable to release the individual promptly. When providing a service certificate, you can mention that the performance was below satisfactory or use similar wording.
I have followed this approach even in cases involving theft and misappropriation of funds. This method can save time, energy, and money for the organization.
Dr. Nagaraj
Email: nagaraj1946@gmail.com
From India, Bangalore
Acknowledge(0)Amend(0)
There is no law that states you cannot take disciplinary action against someone who has committed misconduct. An individual remains an employee until officially relieved, but it is important to assess the breach of trust and the extent of damage it has caused to the organization. If the breach is significant, then taking action is necessary as it serves as a lesson for all.
However, the legal process can be lengthy and cumbersome, involving commitment from both parties, and the outcomes may be subject to questioning in courts. If the breach of trust is not severe, it may be advisable to release the individual promptly. When providing a service certificate, you can mention that the performance was below satisfactory or use similar wording.
I have followed this approach even in cases involving theft and misappropriation of funds. This method can save time, energy, and money for the organization.
Dr. Nagaraj
Email: nagaraj1946@gmail.com
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Arpita,
You have not specified the act leading to breach of trust. Still, if you have substantial evidence, you may move to the court of law for breach of trust.
Since the employee has resigned from the services, termination does not make sense except for holding his legal dues.
R D Watve
Acknowledge(0)Amend(0)
You have not specified the act leading to breach of trust. Still, if you have substantial evidence, you may move to the court of law for breach of trust.
Since the employee has resigned from the services, termination does not make sense except for holding his legal dues.
R D Watve
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.