Dear Sampath,
I agree with Surya, it all depends on the type of contract you singed. most organisations let their employees sign a number of documents after they have signed the contract, e.g Human Resouce manaul, 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 advice that you have a look at the contract you signed but the issue of them asking you to resign is acutualy something else that needs to be look in, cause your superiors cant ask you to resign when you still want to work.
i hope this helps you.
Best Regards,
Ndunda
From Zambia, Lusaka
2I agree with Surya, it all depends on the type of contract you singed. most organisations let their employees sign a number of documents after they have signed the contract, e.g Human Resouce manaul, 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 advice that you have a look at the contract you signed but the issue of them asking you to resign is acutualy something else that needs to be look in, cause your superiors cant ask you to resign when you still want to work.
i hope this helps you.
Best Regards,
Ndunda
From Zambia, Lusaka
Dear Seniors
if an employee is give one month notice for termination by organisation (without any reason but politics), but he give resign on 28th day of month. What it will be called:
Termination or Resign
From India, Kanpur
if an employee is give one month notice for termination by organisation (without any reason but politics), but he give resign on 28th day of month. What it will be called:
Termination or Resign
From India, Kanpur
Hi Saurabh,
Don't know if I got your question right...
If Company has already given a termination notice of 1 month to an employee, then his resignation between that notice period will stand void.
From India, Bangalore
Don't know if I got your question right...
If Company has already given a termination notice of 1 month to an employee, then his resignation between that notice period will stand void.
From India, Bangalore
Thanks Digvijay
What effect will be there on experience certificate in case of termination (termination without reason) and termination due to employee fault.
and what are the laws to regulate to avoid termination without reason.
Regards
Sourabh
From India, Kanpur
What effect will be there on experience certificate in case of termination (termination without reason) and termination due to employee fault.
and what are the laws to regulate to avoid termination without reason.
Regards
Sourabh
From India, Kanpur
Saurabh, what needs to be analyzed here is, if company is terminating an employee without reason that means there is definitely a reason that company doesn't want to share. Those reasons could be consolidation of business (activity or whole), wrong hiring, or a serious diciplinary issue for which the company doesn't want to make a fuss about by discussing that. 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. Howerver, 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 of termination and if there is no chance of remain 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 terminaton is due to employee's fault then as well according to moral and proffessional ethics the company should give atleast the conformance of the service with regards to the period that the employee has delivered. However, in such cases, it all depends how the emplyoee reasons out his fault.
As far as legal ways to avoid termination without reason is 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 employement 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 employee's decision to go with that or not. But if he accepts then there is nothing to do with legal left any more. But again this a theoritical aspect. For legal, it more of an actual details that will support the case either in favor or against of the employee.
From India, Bangalore
Ideally, an employee if not provided a justified reason of termination and if there is no chance of remain 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 terminaton is due to employee's fault then as well according to moral and proffessional ethics the company should give atleast the conformance of the service with regards to the period that the employee has delivered. However, in such cases, it all depends how the emplyoee reasons out his fault.
As far as legal ways to avoid termination without reason is 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 employement 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 employee's decision to go with that or not. But if he accepts then there is nothing to do with legal left any more. But again this a theoritical aspect. For legal, it more of an actual details that will support the case either in favor or against of the employee.
From India, Bangalore
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Termination-emp loyment_563.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc