Even though the story has come to an end I would like to share my views ofcourse for future
If an employee has to resign he has to give his resignation letter in writing duly mentioning the reason giving a notice period as stated inthe offer letter. Otherwise it is not valid. Simply giving a oral communcation is not accepted. The mangement has got the fright to accept the letter.
Incase of poor performance or any other matter you should have taken up with him before he submits his resignation or otherwise it will be taken that the company wants to antoganise him. In the absence of such letter asking him to explain the reasons you cannot make him to undersand that his performance is poor etc. once he submits his resignation before you ask him for th epoor performance or discipline better to accept it as per his offer letter terms and relieve him. The management has got the right to waive of the notice period incase the employee is very loyal and resinging due to some personal reasons etc.
you may be aware that if the company terminates him from the services he may not get his PF or Gratutiy settled.
From India, Madras
44If an employee has to resign he has to give his resignation letter in writing duly mentioning the reason giving a notice period as stated inthe offer letter. Otherwise it is not valid. Simply giving a oral communcation is not accepted. The mangement has got the fright to accept the letter.
Incase of poor performance or any other matter you should have taken up with him before he submits his resignation or otherwise it will be taken that the company wants to antoganise him. In the absence of such letter asking him to explain the reasons you cannot make him to undersand that his performance is poor etc. once he submits his resignation before you ask him for th epoor performance or discipline better to accept it as per his offer letter terms and relieve him. The management has got the right to waive of the notice period incase the employee is very loyal and resinging due to some personal reasons etc.
you may be aware that if the company terminates him from the services he may not get his PF or Gratutiy settled.
From India, Madras
1. What ever the problems don't forget how your negative decision will affect the other good employees impression about the company. If he request you to resign, you should better accept the resignation and apply your country labour law (deduction of notice period or what ever). That is all.
2. Certificate: You can't refuse a work certificate to your employee neither use negative expressions in it's content. Check the ILO Convention for better understanding.
3. Finally, make sure the HR Department have done the exit interview properly.
From Ethiopia
2. Certificate: You can't refuse a work certificate to your employee neither use negative expressions in it's content. Check the ILO Convention for better understanding.
3. Finally, make sure the HR Department have done the exit interview properly.
From Ethiopia
when i gone thru the above posts it was very clear HR dept is for understanding the behaviour of the employees. I agree with Priya goswami. Hari
From India, Hyderabad
From India, Hyderabad
Please provide me a format termination letter- for issuing mails for
Was a good performer but after his resignation he is:
1.Not reporting to work/ Absenteeism at work.
2.Not serving notice period /Handover incomplete
Thanks and Regards
From India, Delhi
Was a good performer but after his resignation he is:
1.Not reporting to work/ Absenteeism at work.
2.Not serving notice period /Handover incomplete
Thanks and Regards
From India, Delhi
Termination is a very risky ward which has to be handled with care by the management as it's last weapon as because this invites problems from the legal perspective.
An employee who is non performer and after so many verbal cautions and one written warning has finally resigned then management should accept with the conditions applicable as per the terms of employment.Therefore there was no reason why a termination letter will be issued for not serving the notice period as the other clause ie, deduction of salary in lieu of should be made applicable.
regards
bk mohanty
ADVISOR HR
From India, Bhubaneswar
An employee who is non performer and after so many verbal cautions and one written warning has finally resigned then management should accept with the conditions applicable as per the terms of employment.Therefore there was no reason why a termination letter will be issued for not serving the notice period as the other clause ie, deduction of salary in lieu of should be made applicable.
regards
bk mohanty
ADVISOR HR
From India, Bhubaneswar
In reference to point 2 - Let us consider a situation - What kind of letter to be issued if an employee refuses to even provide resignation letter even after explicit request from the company in writing, ceases from employment abruptly, refuses to fulfill even the full & final settlement. And then goes on to complain saying Company has not paid salary (while F&F says money receivable from employee on adjustments) and complains his relieving is being held. What option should the Company follow?
From India, Bangalore
From India, Bangalore
The very basic thing is, why the management will expose in writing to submit a resignation letter indicating that he wants to get rid of the employee which in the court of law might go against the management.
The very first thing is that if an employee is not performing as per the requirements, then the management should cite(specify) & communicate in writing to the employee concerned and should retain these letter copies as records for future references. Secondly once the management finds no improvement still, then should write a letter to the employee saying that on previous occasions he was cautioned to improve but neither has improved upon nor has communicated/replied mentioning his inability to do so.Hence under the specified tems and comditions and rule applicable to that company," his services are no longer required". He may be asked in the same letter to collect his full and final settlements on any working day after submitting a "no dues certificate".
regards
bk mohanty
Director
Cypress Management Associates
9937822563
From India, Bhubaneswar
The very first thing is that if an employee is not performing as per the requirements, then the management should cite(specify) & communicate in writing to the employee concerned and should retain these letter copies as records for future references. Secondly once the management finds no improvement still, then should write a letter to the employee saying that on previous occasions he was cautioned to improve but neither has improved upon nor has communicated/replied mentioning his inability to do so.Hence under the specified tems and comditions and rule applicable to that company," his services are no longer required". He may be asked in the same letter to collect his full and final settlements on any working day after submitting a "no dues certificate".
regards
bk mohanty
Director
Cypress Management Associates
9937822563
From India, Bhubaneswar
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China Rules On Terminating An Employee.docx