Ok I thank you for your valuable suggestions....
From United States, Mountain View
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From United States, Mountain View
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Dear Sampath,
I agree with Surya; it all depends on the type of contract you signed. Most organizations let their employees sign a number of documents after they have signed the contract, e.g., Human Resource manual, Code of Conduct, and Conflict of Interest. The documents I have mentioned usually have clauses that give the employer the right to terminate your contract before it ends and the stipulated days of notice. Hence, I also advise that you have a look at the contract you signed. But the issue of them asking you to resign is actually something else that needs to be looked into, as your superiors can't ask you to resign when you still want to work.
I hope this helps you.
Best Regards,
Ndunda
From Zambia, Lusaka
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2I agree with Surya; it all depends on the type of contract you signed. Most organizations let their employees sign a number of documents after they have signed the contract, e.g., Human Resource manual, Code of Conduct, and Conflict of Interest. The documents I have mentioned usually have clauses that give the employer the right to terminate your contract before it ends and the stipulated days of notice. Hence, I also advise that you have a look at the contract you signed. But the issue of them asking you to resign is actually something else that needs to be looked into, as your superiors can't ask you to resign when you still want to work.
I hope this helps you.
Best Regards,
Ndunda
From Zambia, Lusaka
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Dear Seniors,
If an employee is given one month's notice for termination by the organization (without any reason but politics), but he resigns on the 28th day of the month, what will it be called: Termination or Resign?
Thank you.
From India, Kanpur
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If an employee is given one month's notice for termination by the organization (without any reason but politics), but he resigns on the 28th day of the month, what will it be called: Termination or Resign?
Thank you.
From India, Kanpur
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Hi Saurabh,
I am not sure if I understood your question correctly. If a company has already issued a one-month termination notice to an employee, then any resignation submitted by the employee during that notice period will be considered void.
From India, Bangalore
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I am not sure if I understood your question correctly. If a company has already issued a one-month termination notice to an employee, then any resignation submitted by the employee during that notice period will be considered void.
From India, Bangalore
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Hi Sourabh,
Thank you for your message.
Regarding your query about the impact on an experience certificate in cases of termination (termination without reason) and termination due to employee fault, the content of the certificate may vary depending on the circumstances of the termination. In cases of termination without reason, the certificate may not explicitly mention the reason for the termination, while in cases of termination due to employee fault, the certificate may reflect the reason for termination.
As for the laws governing termination without reason, there are various regulations in place to prevent arbitrary terminations. These laws aim to ensure that terminations are justified and fair, protecting the rights of employees.
If you have any further questions or need more information, feel free to ask.
Best regards,
Digvijay
From India, Kanpur
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Thank you for your message.
Regarding your query about the impact on an experience certificate in cases of termination (termination without reason) and termination due to employee fault, the content of the certificate may vary depending on the circumstances of the termination. In cases of termination without reason, the certificate may not explicitly mention the reason for the termination, while in cases of termination due to employee fault, the certificate may reflect the reason for termination.
As for the laws governing termination without reason, there are various regulations in place to prevent arbitrary terminations. These laws aim to ensure that terminations are justified and fair, protecting the rights of employees.
If you have any further questions or need more information, feel free to ask.
Best regards,
Digvijay
From India, Kanpur
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Saurabh, what needs to be analyzed here is if the company is terminating an employee without reason, that means there is definitely a reason that the company doesn't want to share. Those reasons could be consolidation of business (activity or whole), wrong hiring, or a serious disciplinary issue for which the company doesn't want to make a fuss about by discussing. In either of the cases, the company should issue the experience letter to the employee. But what is important is what they write on that letter? Another important fact is if they will write neutral comments, then there should also be a resignation acceptance letter to close the case in a proper way. However, in this case, there will be no resignation acceptance because there is no resignation as such and instead it is termination without reason.
Ideally, an employee, if not provided a justified reason for termination and if there is no chance of remaining in existence in the company, then should be asking for voluntary resignation instead of termination from the HR authorities. This approach is more collaborative in nature.
If the case of termination is due to the employee's fault then as well according to moral and professional ethics, the company should give at least the conformance of the service with regards to the period that the employee has delivered. However, in such cases, it all depends on how the employee reasons out his fault.
As far as legal ways to avoid termination without reason, it's just by seeing closely the employment contract or offer/appointment letter before signing. The employee should see if there is a clause, "The company may terminate the employment with or without any reason thereof by providing XXX month's basic salary in lieu thereof".... (words may differ).... If this clause is mentioned, then it is absolutely the employee's decision to go with that or not. But if he accepts, then there is nothing to do with legal left anymore. But again this is a theoretical aspect. For legal, it's more of actual details that will support the case either in favor or against the employee.
From India, Bangalore
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Ideally, an employee, if not provided a justified reason for termination and if there is no chance of remaining in existence in the company, then should be asking for voluntary resignation instead of termination from the HR authorities. This approach is more collaborative in nature.
If the case of termination is due to the employee's fault then as well according to moral and professional ethics, the company should give at least the conformance of the service with regards to the period that the employee has delivered. However, in such cases, it all depends on how the employee reasons out his fault.
As far as legal ways to avoid termination without reason, it's just by seeing closely the employment contract or offer/appointment letter before signing. The employee should see if there is a clause, "The company may terminate the employment with or without any reason thereof by providing XXX month's basic salary in lieu thereof".... (words may differ).... If this clause is mentioned, then it is absolutely the employee's decision to go with that or not. But if he accepts, then there is nothing to do with legal left anymore. But again this is a theoretical aspect. For legal, it's more of actual details that will support the case either in favor or against the employee.
From India, Bangalore
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