what's agreement of Service and how it can be terminated.
if the employee has already resigned it means put end to the agreement of service and communication of same given to other party.
so after that Is the agreement of service is still in force ?no it has been come to an end after the resignation of an employees.
Even though termination is the tool of employer to check the gross misconduct and negligence but their are certain check and balance on the same, that also need to be excercised with due process, after taking into consideration Principle of Natural Justice.
87if the employee has already resigned it means put end to the agreement of service and communication of same given to other party.
so after that Is the agreement of service is still in force ?no it has been come to an end after the resignation of an employees.
Even though termination is the tool of employer to check the gross misconduct and negligence but their are certain check and balance on the same, that also need to be excercised with due process, after taking into consideration Principle of Natural Justice.
Until the resignation letter is accepted his terms with the employer does not end. However, if his breach of trust does not attract any criminal proceedings / no police action is required, then it is better to relieve him at the earliest. Prolongation of litigations are also not good omen for the employer.
Regards,
From India, Hyderabad
Regards,
From India, Hyderabad
Thanks for all of your sugessitions,let me brief you all the situation,he is working as a delivery manager and is responsible for one of our very critical project,we have information that he along with the client has cheated us and now the project is out of our Co and now he is planning to join our client and he is also pressurizing other employees to join the client so that they can build the same team directly with the client and we have confirmed information on that as one of our employee has given us this information because he has shown us the offer letter that he has got from the client.Now the delivery manger hsaagot the hint that the management is aware of this so before we could take any action today morning he has put down his papers.
Let me know in this situation what should we do whether to accept his resignation and send him or give him termination and to make him realize his mistake because it is a big loss to the CO.
Regards,
Arpita
From India, Bangalore
Let me know in this situation what should we do whether to accept his resignation and send him or give him termination and to make him realize his mistake because it is a big loss to the CO.
Regards,
Arpita
From India, Bangalore
If we go as per Mr. Thakur's suggestion, then we need the employee's case study first to give out the proper suggestions.
Before giving sunch an severe punishment to employee (which is going to block his future, with no consideration of his dependents etc), we need to first discuss what is the matter, what did he do so serious?
Dear Arpita,
Please post complete case of the employee's wrong act including his reporting boss's role.
From India, Mumbai
Before giving sunch an severe punishment to employee (which is going to block his future, with no consideration of his dependents etc), we need to first discuss what is the matter, what did he do so serious?
Dear Arpita,
Please post complete case of the employee's wrong act including his reporting boss's role.
From India, Mumbai
Dear Arpita,
Please collect the data that you have and proceed for the incident resolution as per the guidelines of your company. You need to resolve it before you issue any clearance for him.
At the time of relieving him, please ensure not just him, but all your employees sign a NDA which includes the non-compete clause. This will prevent anyone who had worked in your company, from joining your clients for the lock -in period which is ideally 3 yrs or more.
Please do speak to the legal advisor to your company. You would be able to design a fitting agreement.
Vendor and client poaching is very common. You need to mitigate this to avoid every such event in the future.
Regards,
(Cite Contribution)
From India, Mumbai
Please collect the data that you have and proceed for the incident resolution as per the guidelines of your company. You need to resolve it before you issue any clearance for him.
At the time of relieving him, please ensure not just him, but all your employees sign a NDA which includes the non-compete clause. This will prevent anyone who had worked in your company, from joining your clients for the lock -in period which is ideally 3 yrs or more.
Please do speak to the legal advisor to your company. You would be able to design a fitting agreement.
Vendor and client poaching is very common. You need to mitigate this to avoid every such event in the future.
Regards,
(Cite Contribution)
From India, Mumbai
First let us know the position and nature of work of an employee. If he/ she is workmen, though he has resigned and you would like to terminate services due to misconduct, you need to hold domestic enquiry to prove that the resignation/ explanation is not obtained by force. Termination of employee, would rather complicate the issue and even spoil the career of employee. Even our judiciary is taking lenient view while awarding capital punishment. So think from the HR angle and take vice decision.
From India, Mumbai
From India, Mumbai
Hi Arpita
I am having some other view in this matter.
If an employee has put up his paper before you can take any action, then whether to sanction his resignation or not is Employers right.
Rather then sanctioning his resignation, you can terminate him if his act comes under your company's terminating policies.
Hope this might help u.
Regards
PaTri
From India, Vadodara
I am having some other view in this matter.
If an employee has put up his paper before you can take any action, then whether to sanction his resignation or not is Employers right.
Rather then sanctioning his resignation, you can terminate him if his act comes under your company's terminating policies.
Hope this might help u.
Regards
PaTri
From India, Vadodara
What is the purpose of termination , you want to remove him from services. When he him self wants to go accept his resignation & releive him forth with. He then can not go to court. But if you terminate him he can file the case against you challanging your action of termination. The court proceedings are lengthy time consuming & involves lot of expenses. Besides this the court verdict can not be predicted, even if one side wins there is again provision of appeal to high court further prolonging the litigation.
Please take the wise decision & releive him forth with.
G Y Suhas
From India, Bangalore
Please take the wise decision & releive him forth with.
G Y Suhas
From India, Bangalore
Dear Arpita,
Both ways the ball is in your court, whether you punish your manager for his misconduct or accept his resignation when he himself has volunteered to break relations with your company.
No doubt the employer has the right to take action for misconduct of the employee and termination is a tool to excercise employers right in case of severe & gross negligence, but I am in total difference with the opinion of Mr. Manoj Thakur in so far as preference of termination over acceptance of resignation of the employee, as the employee has thrown his defence tool also before the organization to counter the move of the organization.
SO, EVEN THE RIGHT OF EMPLOYER HAS ALSO TO BE EXERCISED VERY WISELY, SO THAT IT MAY NOT BECOME A CAUSE OF ANY LIABILITY LATER.
In fact the sole aim of the organization is to eliminate such a culprit who is working against the interests of the organization, whether he is terminated or he resigns himself. SO, just weigh the pros & cons of both the alternatives before you and take final decision accordingly, but with cool mind and not in a rash manne or just to exercise the right of the employerr.
The damage has already been done and now there is a need to avoid any more damage.
So, the question now arises, if his resignation is not accepted and he is terminated, whether your organization would like the employee to change his mind and decides to fight the decision of the company to remain in the organization to create more nuissance by bringing in court order to get the decision of the management null & void and starts making more damage to the company later? NATURALLY, THE COURT WOULD FIND MERIT MORE ON ACTION ON RESIGNATION IN PREFERENCE TO TERMINATION BY THE MANAGEMENT.
Further, even if his resignation is accepted (a peaceful solution for the mansagement), what bars the organization from lodging a complaint with the police for his deceiptful acts and get punished through a court of law for his criminal conspiracy against the company and the act of his criminal conspiracy against his employer by misuse of the confidential information of the company and damage done to the company? You can even seek court's order for claiming the damages from that manager for the loss inflicted to the company by virtue of his intentional criminal conspiracy, so that other employees may also take adequate lesson from the instance.
So, JUST THINK, whether you prefer to become defencive in buying a headache of facing a court case filed by the employee against the decision of his termination, or to have an upper hand and become offensive to get him duly punished by law and to claim damages from him, besides also eliminating him peacefully from the scene and avoiding any more damage to the organization?
Hope I am not wrong in my opinion and you would find it worth implementing easily.
PS Dhingra
CEO
Dhingra Group of Management & Vigilance Consultants
New Delhi
From India, Delhi
Both ways the ball is in your court, whether you punish your manager for his misconduct or accept his resignation when he himself has volunteered to break relations with your company.
No doubt the employer has the right to take action for misconduct of the employee and termination is a tool to excercise employers right in case of severe & gross negligence, but I am in total difference with the opinion of Mr. Manoj Thakur in so far as preference of termination over acceptance of resignation of the employee, as the employee has thrown his defence tool also before the organization to counter the move of the organization.
SO, EVEN THE RIGHT OF EMPLOYER HAS ALSO TO BE EXERCISED VERY WISELY, SO THAT IT MAY NOT BECOME A CAUSE OF ANY LIABILITY LATER.
In fact the sole aim of the organization is to eliminate such a culprit who is working against the interests of the organization, whether he is terminated or he resigns himself. SO, just weigh the pros & cons of both the alternatives before you and take final decision accordingly, but with cool mind and not in a rash manne or just to exercise the right of the employerr.
The damage has already been done and now there is a need to avoid any more damage.
So, the question now arises, if his resignation is not accepted and he is terminated, whether your organization would like the employee to change his mind and decides to fight the decision of the company to remain in the organization to create more nuissance by bringing in court order to get the decision of the management null & void and starts making more damage to the company later? NATURALLY, THE COURT WOULD FIND MERIT MORE ON ACTION ON RESIGNATION IN PREFERENCE TO TERMINATION BY THE MANAGEMENT.
Further, even if his resignation is accepted (a peaceful solution for the mansagement), what bars the organization from lodging a complaint with the police for his deceiptful acts and get punished through a court of law for his criminal conspiracy against the company and the act of his criminal conspiracy against his employer by misuse of the confidential information of the company and damage done to the company? You can even seek court's order for claiming the damages from that manager for the loss inflicted to the company by virtue of his intentional criminal conspiracy, so that other employees may also take adequate lesson from the instance.
So, JUST THINK, whether you prefer to become defencive in buying a headache of facing a court case filed by the employee against the decision of his termination, or to have an upper hand and become offensive to get him duly punished by law and to claim damages from him, besides also eliminating him peacefully from the scene and avoiding any more damage to the organization?
Hope I am not wrong in my opinion and you would find it worth implementing easily.
PS Dhingra
CEO
Dhingra Group of Management & Vigilance Consultants
New Delhi
From India, Delhi
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf