Hello Anonymous,
Further to what Dikshit & Saswata Banerjee suggested/mentioned, I can see ONLY ONE way your friend can handle this situation.
Just ask him to BUY PEACE with his Company—whatever it may take to do it.
The reason is simple, straight & practical: If he pushes for a Termination Letter, he is only affecting his long-term career prospects. Obviously some reason(s) will have to be mentioned in the Letter... surely none in favor of your friend.
All he would have is a 'piece of paper' that he can't really use.
And surely he can't expect a formal Relieving Letter... after what happened. The only way I can see is to rejoin the Company back... but that too would have its own set of downside consequences.
And finally, please ask him to learn from this experience—DON'T ASSUME WHAT OTHERS DO OR DON'T DO.
And most often, even in cases where Notice Period Buy-out is possible, the employee CAN'T take it for granted. It's a 2-way street for a solution to any such situation. Hope you get the point.
Rgds,
TS
From India, Hyderabad
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1650Further to what Dikshit & Saswata Banerjee suggested/mentioned, I can see ONLY ONE way your friend can handle this situation.
Just ask him to BUY PEACE with his Company—whatever it may take to do it.
The reason is simple, straight & practical: If he pushes for a Termination Letter, he is only affecting his long-term career prospects. Obviously some reason(s) will have to be mentioned in the Letter... surely none in favor of your friend.
All he would have is a 'piece of paper' that he can't really use.
And surely he can't expect a formal Relieving Letter... after what happened. The only way I can see is to rejoin the Company back... but that too would have its own set of downside consequences.
And finally, please ask him to learn from this experience—DON'T ASSUME WHAT OTHERS DO OR DON'T DO.
And most often, even in cases where Notice Period Buy-out is possible, the employee CAN'T take it for granted. It's a 2-way street for a solution to any such situation. Hope you get the point.
Rgds,
TS
From India, Hyderabad
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The matter has been discussed with finesse by members.
If the employee is unable to handle it on his own, he may seek help from seasoned employees/trade union leaders/Labor Law Consultant, and the matter may be resolved with their skills.
Termination Letter:
Since a harsh email (or stinker(s)) has been issued, the company may or may not effect Termination Simplicitor. If the company issues a reason in the termination letter, it may become stigmatic termination, and the company, concerned line managers/HRS personnel, and the employer personally can become accountable and responsible. Even if the company issues termination simplicitor in reply to a demand notice or in court, it may state reasons/allegations that shall have to be proved. The termination may be a bad termination.
Notice Period may not necessarily be more than 30 days in his case. Notice Period/pay is part of service conditions that are governed by various enactments/statutes/instruments of law applicable to the establishment and the employee and is equitable (e.g., Standing Orders, Shops and Commercial Establishment Act). An Appointment Letter is a private agreement created by the employer and signed with the employee. No private agreement can overrule an enactment/statute/instrument of law. If the employer can terminate without notice (with notice pay in lieu of the notice period), then so can the employee. If the employer is effecting termination without notice and does not arrange the next employment for the terminated employee, then the employee also does not arrange/wait for a replacement and completion of tasks, etc.
Service Certificate: Has to be issued to all employees. In case of termination, it has to be issued on the last day in the office along with payment of FnF wages.
Relieving Letter: signifies nothing is pending. If the employer has resorted to termination (after resignation in this case), then it had endorsed nothing is pending. Moreover, in this case, since the employee has resigned and has stated to provide notice pay in lieu of the notice period, the employer had enough time to arrange for handover/exit formalities.
Resignation: can be without permission and notice. The employer can ask for notice pay that is permissible up to and stated in the enactment applicable to the establishment. Beyond that, it may be void.
Stinkers: The employee should have replied and built a favorable written record. Now, the employee should proceed tactfully and carefully. Even if he trades termination with a resignation/apology letter, the adverse comments inserted in the personnel file may fetch negative feedback in BGV and result in a loss of next employment. Hence, the employee should weigh all pros and cons and tread carefully.
From India, Chandigarh
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If the employee is unable to handle it on his own, he may seek help from seasoned employees/trade union leaders/Labor Law Consultant, and the matter may be resolved with their skills.
Termination Letter:
Since a harsh email (or stinker(s)) has been issued, the company may or may not effect Termination Simplicitor. If the company issues a reason in the termination letter, it may become stigmatic termination, and the company, concerned line managers/HRS personnel, and the employer personally can become accountable and responsible. Even if the company issues termination simplicitor in reply to a demand notice or in court, it may state reasons/allegations that shall have to be proved. The termination may be a bad termination.
Notice Period may not necessarily be more than 30 days in his case. Notice Period/pay is part of service conditions that are governed by various enactments/statutes/instruments of law applicable to the establishment and the employee and is equitable (e.g., Standing Orders, Shops and Commercial Establishment Act). An Appointment Letter is a private agreement created by the employer and signed with the employee. No private agreement can overrule an enactment/statute/instrument of law. If the employer can terminate without notice (with notice pay in lieu of the notice period), then so can the employee. If the employer is effecting termination without notice and does not arrange the next employment for the terminated employee, then the employee also does not arrange/wait for a replacement and completion of tasks, etc.
Service Certificate: Has to be issued to all employees. In case of termination, it has to be issued on the last day in the office along with payment of FnF wages.
Relieving Letter: signifies nothing is pending. If the employer has resorted to termination (after resignation in this case), then it had endorsed nothing is pending. Moreover, in this case, since the employee has resigned and has stated to provide notice pay in lieu of the notice period, the employer had enough time to arrange for handover/exit formalities.
Resignation: can be without permission and notice. The employer can ask for notice pay that is permissible up to and stated in the enactment applicable to the establishment. Beyond that, it may be void.
Stinkers: The employee should have replied and built a favorable written record. Now, the employee should proceed tactfully and carefully. Even if he trades termination with a resignation/apology letter, the adverse comments inserted in the personnel file may fetch negative feedback in BGV and result in a loss of next employment. Hence, the employee should weigh all pros and cons and tread carefully.
From India, Chandigarh
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