A conventional term in employment is At-will. Is this term is legal? Top-management of my company is trying to include it in the appointment letter for further recruitment. They want my opinion in this regard.
Now, what should I do, support or oppose?
From Bangladesh
41Now, what should I do, support or oppose?
From Bangladesh
Dear Mr. Asifbd_2012,
An employee under the terms of employment with company's "At-will" is an employee referred to as not under the contract with the company. An At-will employee can be at any time "fired out" for almost any flippant reason thereof; not although employee do also have the similiar right to quit the job at any time without further notice to the employer.
How do you know "AT-WILL" is a best term to be fit into the appointment letter without knowing the basic rights of such employee? --
Lay -off for at-will employees - Though the employer has unmitigated rights to sack/fire the employee; the lay-off falls under the minimum requisition of notice period to the employee only in case of
(i) no bias towards race, caste, creed, sex, marital status, religion & country specific reasons.
Employee right to At-will termination - Here the employee termination policy has to be differed which states, Firing should be done only in case of Performance or behavioural aspects and not to call a halt due to unecessary cause.
Most importantly, employers have new employees sign a form stating that they are being hired on an at will basis. It should also be made a point that not only the employee signs this form but should also be signed by the employer which implies verbal and writing protecting against the legal remedy to help protect loss of time.
Hope the above will definitely help you enquire before you suggest anything on at-will employment.
From India, Visakhapatnam
An employee under the terms of employment with company's "At-will" is an employee referred to as not under the contract with the company. An At-will employee can be at any time "fired out" for almost any flippant reason thereof; not although employee do also have the similiar right to quit the job at any time without further notice to the employer.
How do you know "AT-WILL" is a best term to be fit into the appointment letter without knowing the basic rights of such employee? --
Lay -off for at-will employees - Though the employer has unmitigated rights to sack/fire the employee; the lay-off falls under the minimum requisition of notice period to the employee only in case of
(i) no bias towards race, caste, creed, sex, marital status, religion & country specific reasons.
Employee right to At-will termination - Here the employee termination policy has to be differed which states, Firing should be done only in case of Performance or behavioural aspects and not to call a halt due to unecessary cause.
Most importantly, employers have new employees sign a form stating that they are being hired on an at will basis. It should also be made a point that not only the employee signs this form but should also be signed by the employer which implies verbal and writing protecting against the legal remedy to help protect loss of time.
Hope the above will definitely help you enquire before you suggest anything on at-will employment.
From India, Visakhapatnam
Hello Asifbd_2012,
Further to the detailed inputs of Sharmila Das, just a word of caution for you--PRESUMING your Location is Bangladesh.
Though what she mentioned is, BY & LARGE, the general legal position in most countries, suggest recheck it's validity/veracity are per YOUR country's Laws--just to be sure BEFORE you advise your Top Management.
All the Best.
Rgds,
TS
From India, Hyderabad
Further to the detailed inputs of Sharmila Das, just a word of caution for you--PRESUMING your Location is Bangladesh.
Though what she mentioned is, BY & LARGE, the general legal position in most countries, suggest recheck it's validity/veracity are per YOUR country's Laws--just to be sure BEFORE you advise your Top Management.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Sharmila Das and Tajsateesh thanks for such valuable reply.
In our country Labor Law Act, 2006 there is no statement on this "At-will" employment for any types of Job in any organization. So, there is a confusion on this term and respective conditions.
Anyway, do you think this "At-will" employment is ethical in case of organizational perspective?
Regards,
Asif
From Bangladesh
In our country Labor Law Act, 2006 there is no statement on this "At-will" employment for any types of Job in any organization. So, there is a confusion on this term and respective conditions.
Anyway, do you think this "At-will" employment is ethical in case of organizational perspective?
Regards,
Asif
From Bangladesh
Hello Asifbd_2012,
I think it's FIRST important for us to understand the 'logic' & the 'reasons' for your Management to suggest this in the first place.
Can you pl elaborate the 'why' part of the suggestion--from the Management perspective? And this includes the 'background of the circumstances/situations' of how this suggestion got raised--obviously, looks like this emanated as a 'SOLUTION' to some situation.
Any suggestion without knowing these parameters COULD be misleading/misplaced for everyone involved.
Rgds,
TS
From India, Hyderabad
I think it's FIRST important for us to understand the 'logic' & the 'reasons' for your Management to suggest this in the first place.
Can you pl elaborate the 'why' part of the suggestion--from the Management perspective? And this includes the 'background of the circumstances/situations' of how this suggestion got raised--obviously, looks like this emanated as a 'SOLUTION' to some situation.
Any suggestion without knowing these parameters COULD be misleading/misplaced for everyone involved.
Rgds,
TS
From India, Hyderabad
The employee along with the employer should practice the effective accountability in terms of being ethical. Alongside the sense of stability many employers tend to stage for such at-will employment not understanding the loss on integrity issues by the employee. Instead, an employee should feel proude in their place of employment for the very reason on treating as valued members, they are more likely to work more efficiently, reducing risks and have better loss control.
Please consider, all the most the best way is to follow the rules of law books & mull over the at-will act.
From India, Visakhapatnam
Please consider, all the most the best way is to follow the rules of law books & mull over the at-will act.
From India, Visakhapatnam
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