Dear All,
Myself Poonam working as an Asst. Manager HR. I just want to discuss with you about notice period and salary of an employee if his HR manager and HOD ask to him to resign from the post without any reason.
Can he/she tender a case in labour court against that company or not.If yes, then which type of proof he would have?
Can an employee take a photocopy of his exit interview for future reference or not?
Regards
Poonam
From India, New Delhi
4Myself Poonam working as an Asst. Manager HR. I just want to discuss with you about notice period and salary of an employee if his HR manager and HOD ask to him to resign from the post without any reason.
Can he/she tender a case in labour court against that company or not.If yes, then which type of proof he would have?
Can an employee take a photocopy of his exit interview for future reference or not?
Regards
Poonam
From India, New Delhi
the employer need not to give any reason for termination of employee, they can only say that they want to relieve u for any reason under the sun but they will be in a problem if they do not do that with one month notice or one month salary in lieu of said noticethereof
From India, Chandigarh
From India, Chandigarh
Dear Poonam,
This is in addition to what previous member has said. Yes, you may remove anyone by adhering to the terms mentioned in the appointment letter. If you do that then there is no need of worrying about employee going to the court. Make sure that you have proper correspondence of his exit.
Nevertheless my concern is about side effect of this "removal without any reason". Will this create adverse effect on your organisation's culture? Will that employee attract sympathies of other employees? Will it create fear psychosis amongst the employees for removal at the whims and fancies of HR Manager/HOD? If this happens then will other staffs remain motivated? Will they be innovative?
Employee might have done some gravest mistake but then why are you wary of conducting domestic enquiry? If you conduct enquiry then it will send a right message to one and all that you give chance to the defaulting employee to defend his/her position and then take action.
Do not just look at one case but look at organisation as a whole. As a HR, you and your manager are responsible to build culture of the company. "Fairness" is one of the values that promotes positive culture. However, you cannot be just fair as far as sticking to terms of employment but put into action "fairness" as value of the organisation.
Thanks,
Dinesh V Divekar
From India, Bangalore
This is in addition to what previous member has said. Yes, you may remove anyone by adhering to the terms mentioned in the appointment letter. If you do that then there is no need of worrying about employee going to the court. Make sure that you have proper correspondence of his exit.
Nevertheless my concern is about side effect of this "removal without any reason". Will this create adverse effect on your organisation's culture? Will that employee attract sympathies of other employees? Will it create fear psychosis amongst the employees for removal at the whims and fancies of HR Manager/HOD? If this happens then will other staffs remain motivated? Will they be innovative?
Employee might have done some gravest mistake but then why are you wary of conducting domestic enquiry? If you conduct enquiry then it will send a right message to one and all that you give chance to the defaulting employee to defend his/her position and then take action.
Do not just look at one case but look at organisation as a whole. As a HR, you and your manager are responsible to build culture of the company. "Fairness" is one of the values that promotes positive culture. However, you cannot be just fair as far as sticking to terms of employment but put into action "fairness" as value of the organisation.
Thanks,
Dinesh V Divekar
From India, Bangalore
It is always good to deal such problems properly rather than taking sudden decisions.
From India, Pune
From India, Pune
Hi all,
actually my concern is this, if any employee asked to resign on 22nd of the month, and force to mention last date of working 15th instead of 22nd.And at the time of full & final, they are refusing to give salary of that month till 15th only. Employee has his attendance report till 22nd, then can it be negative for employer, if employee fire a case in labour court. Actually that employee also proof of that resignation letter copy and exit interview copy in which he frankly state that his HOD tortured him, forced to use his own car for office use, even HOD have done sexual harassment with that male employee.
Plse have a deep look in this case and suggest me what steps to be taken by employee in this situation. Can he demand for his 22 days salary or more in case of demanded resignation?
Actually it is happening with one of my friend, who is employee in this case.
Regards,
From India, New Delhi
actually my concern is this, if any employee asked to resign on 22nd of the month, and force to mention last date of working 15th instead of 22nd.And at the time of full & final, they are refusing to give salary of that month till 15th only. Employee has his attendance report till 22nd, then can it be negative for employer, if employee fire a case in labour court. Actually that employee also proof of that resignation letter copy and exit interview copy in which he frankly state that his HOD tortured him, forced to use his own car for office use, even HOD have done sexual harassment with that male employee.
Plse have a deep look in this case and suggest me what steps to be taken by employee in this situation. Can he demand for his 22 days salary or more in case of demanded resignation?
Actually it is happening with one of my friend, who is employee in this case.
Regards,
From India, New Delhi
Dear Poonamji,
Good Afternoon to you. I am a little confused in your narration of the whole incidence(s) you have mentioned. There has to be a two sided story and not one sided. You may be a good friend of your colleague but when you are seeking public views and help in such a sensitive case you have to be very clear and put across the sum of the truth and not one sided story. May I request you to be very clear in your presentation of the facts so that we can express our views also clearly please.
From India, Pune
Good Afternoon to you. I am a little confused in your narration of the whole incidence(s) you have mentioned. There has to be a two sided story and not one sided. You may be a good friend of your colleague but when you are seeking public views and help in such a sensitive case you have to be very clear and put across the sum of the truth and not one sided story. May I request you to be very clear in your presentation of the facts so that we can express our views also clearly please.
From India, Pune
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Withdrawl of Resignation and Notice period.doc
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