Dear khan,
I think there is an ambiguity in your query.
An employee worked for a company for 5 years.
At a point of time, company was not happy with his performance and asked him to resign.
You state that they deducted 1 month salary from full and final.
A. Did they deduct salary for 1 month that the employee actually worked before he resigned ?
B. OR did they deduct salary for the notice period that the employee was not allowed to complete ?
If it is A, there is no excuse and the actin is both wrong in law and in principal / ethics
If it is B, they are free to relieve the employee immediately after resignation. It is the wish of the company. In terms of ethics, since they asked for resignation, they should have given him salary. In terms of legality, their action is not out of line (I am sure there is no written request to the employee to resign)
A bit depends also on the resignation letter. Did he say he will complete notice pay ? Or did he ask fro immediate relieving ?
From India, Mumbai
2395I think there is an ambiguity in your query.
An employee worked for a company for 5 years.
At a point of time, company was not happy with his performance and asked him to resign.
You state that they deducted 1 month salary from full and final.
A. Did they deduct salary for 1 month that the employee actually worked before he resigned ?
B. OR did they deduct salary for the notice period that the employee was not allowed to complete ?
If it is A, there is no excuse and the actin is both wrong in law and in principal / ethics
If it is B, they are free to relieve the employee immediately after resignation. It is the wish of the company. In terms of ethics, since they asked for resignation, they should have given him salary. In terms of legality, their action is not out of line (I am sure there is no written request to the employee to resign)
A bit depends also on the resignation letter. Did he say he will complete notice pay ? Or did he ask fro immediate relieving ?
From India, Mumbai
No employee can be terminated on the basis of poor performance. If Forced resignation is routine practice in case of poor performance, this is not at all a good HR practice. This tool must be used only in extreme cases and even if this tool is used, notice pay shall be paid by the company to the concerned employee.
Problem of so called poor performance can be solved by personal counselling, by providing proper training.
In many cases some good employees also lebbled as a poor performer due to job imbiguity.So job clarity must be there and clear coomunication of jobs and responsibilities must be communicated to the employee. It is also required to check whether an employee is interested to perform that job or not. It is preferable, if employer check his interest to perform a particular job and culture fit before hiring.
Job rotation, change in job profile, proper training and counselling can make a remarkable change in the performance of an employee.It is highly unjustuce, if an employee is lebbeled as poor performer only by analysing him superficially. Many senior managers also do it.
From India, Mumbai
Problem of so called poor performance can be solved by personal counselling, by providing proper training.
In many cases some good employees also lebbled as a poor performer due to job imbiguity.So job clarity must be there and clear coomunication of jobs and responsibilities must be communicated to the employee. It is also required to check whether an employee is interested to perform that job or not. It is preferable, if employer check his interest to perform a particular job and culture fit before hiring.
Job rotation, change in job profile, proper training and counselling can make a remarkable change in the performance of an employee.It is highly unjustuce, if an employee is lebbeled as poor performer only by analysing him superficially. Many senior managers also do it.
From India, Mumbai
taking the case submitted in the forum, it is felt as per natural justice, if an employee is chucked out for poor performance during the present, but no issues raised during the past five years. Of course, it is the assessment and evaluation of the manager/team leader, hence no postmortem, now.
if an employee is asked to get out, it is the primary responsibility of the HR Manager/Company, to settle the account with all the pending amount payable to the employee, his gratuity, for his past services for five years, any leave, especially the earned/annual/privilege leave, bonus/incentive and any other, payments as in the policy of the company.
The employee should not be harassed with any other assignments, whatsoever, while quitting the company.
If any other conditions are stipulated to the employee by the company or by the HRD, it is intentional to aggravate the employee concerned. .
From India, Pune
if an employee is asked to get out, it is the primary responsibility of the HR Manager/Company, to settle the account with all the pending amount payable to the employee, his gratuity, for his past services for five years, any leave, especially the earned/annual/privilege leave, bonus/incentive and any other, payments as in the policy of the company.
The employee should not be harassed with any other assignments, whatsoever, while quitting the company.
If any other conditions are stipulated to the employee by the company or by the HRD, it is intentional to aggravate the employee concerned. .
From India, Pune
Dear NK,
Employment is a contract which generally says that it can be terminated by either party by giving one month's notice on either side or salary in lieu thereof. When you resign, later it is difficult to say as to whether you were asked to resign or resigned yourself. The implementation of the clause is audited by the auditor.
So it is appropriate that the resignation letter is worded properly.
When you were asked to resign; "you should have resigned saying that it is one month's notice and you should be released on the expiry of the same." Once having said that, the Company would have released you immediately and paid one month's salary in lieu of notice since they have cut short the notice. If you have resigned and asked for immediate release, then not deducting the salary in lieu of notice, proves on records that it is a forced resignation. Any testimonial or subsequent reply to reference has to take notice that it was a forced resignation. This defeats the very purpose of asking for resignation. I trust you understand that the resignation should have been worded properly.
B R Grovedr
From India, Delhi
Employment is a contract which generally says that it can be terminated by either party by giving one month's notice on either side or salary in lieu thereof. When you resign, later it is difficult to say as to whether you were asked to resign or resigned yourself. The implementation of the clause is audited by the auditor.
So it is appropriate that the resignation letter is worded properly.
When you were asked to resign; "you should have resigned saying that it is one month's notice and you should be released on the expiry of the same." Once having said that, the Company would have released you immediately and paid one month's salary in lieu of notice since they have cut short the notice. If you have resigned and asked for immediate release, then not deducting the salary in lieu of notice, proves on records that it is a forced resignation. Any testimonial or subsequent reply to reference has to take notice that it was a forced resignation. This defeats the very purpose of asking for resignation. I trust you understand that the resignation should have been worded properly.
B R Grovedr
From India, Delhi
Dear Khan,
Following are the scenarios :
1. Employee is under probation / training during which period notice period is not required to be served by both parties :
Resignation on employee's own accord - Notice period not required / notice period money need not be paid
Resignation sought by company - Notice period not required to be paid
Even if employee wants to serve notice period, company can relieve without notice pay
2. If employee is confirmed OR as per appointment letter notice period is required to be served to terminate services by either of the parties
Resignation on employees's own accord - Notice period to be served / Notice period pay need to be paid to company
Resignation sought by company - If employee want to serve notice period, company need to pay if want to relieve early
If employee mentions "pl. relieve immediately" or indicates any such message, employer can
relieve the employee as requested by employee but need not pay notice period pay
From India, Hyderabad
Following are the scenarios :
1. Employee is under probation / training during which period notice period is not required to be served by both parties :
Resignation on employee's own accord - Notice period not required / notice period money need not be paid
Resignation sought by company - Notice period not required to be paid
Even if employee wants to serve notice period, company can relieve without notice pay
2. If employee is confirmed OR as per appointment letter notice period is required to be served to terminate services by either of the parties
Resignation on employees's own accord - Notice period to be served / Notice period pay need to be paid to company
Resignation sought by company - If employee want to serve notice period, company need to pay if want to relieve early
If employee mentions "pl. relieve immediately" or indicates any such message, employer can
relieve the employee as requested by employee but need not pay notice period pay
From India, Hyderabad
If the said person is having mentioned in the resignation letter "mentioning resigned as per company's demand" duly acknowledged by the management, he can approach to concerned ACL for its redressal.
If proof is not available, company will treat this as voluntary resignation and wll recover one month's notice pay as per practise / contract.
Regards==S Rao
From India, Hyderabad
If proof is not available, company will treat this as voluntary resignation and wll recover one month's notice pay as per practise / contract.
Regards==S Rao
From India, Hyderabad
I think there is an ambiguity in your query.
An employee worked for a company for 5 years.
At a point of time, company was not happy with his performance and asked him to resign.
You state that they deducted 1 month salary from full and final.
A. Did they deduct salary for 1 month that the employee actually worked before he resigned ?
B. OR did they deduct salary for the notice period that the employee was not allowed to complete ?
attribution https://www.citehr.com/460645-notice...#ixzz2UgBfc69Q
Here the case is B: He has been asked to resign and agreed to serve notice period of 1 month as per his contract of employment.
Now, the organization has accepted his resignation with immediate effect and deducted the one month notice period.
From India, Delhi
An employee worked for a company for 5 years.
At a point of time, company was not happy with his performance and asked him to resign.
You state that they deducted 1 month salary from full and final.
A. Did they deduct salary for 1 month that the employee actually worked before he resigned ?
B. OR did they deduct salary for the notice period that the employee was not allowed to complete ?
attribution https://www.citehr.com/460645-notice...#ixzz2UgBfc69Q
Here the case is B: He has been asked to resign and agreed to serve notice period of 1 month as per his contract of employment.
Now, the organization has accepted his resignation with immediate effect and deducted the one month notice period.
From India, Delhi
Dear MN KHAN,
I second to Debddatta. Ethically company could have paid the notice pay but as it is not a termination as in; the company reserves right to deduct the notice pay. A lot depends on the employees resignation letter which mentions about notice period. The employee stands a chance to get the salary.
1. If he can prove that he was ready to serve notice period but management demanded immediate relieving.
2. He has the termination in writing as any verbal intimations do not stand true in eyes of law.
All the more, you might want to revisit the performance evaluation process in the company. A 5 year old employee is asked to leave immediately due to performance issue & that too basis last 9 months is strange.
Regards,
Hiral Mehta
From India, Ahmedabad
I second to Debddatta. Ethically company could have paid the notice pay but as it is not a termination as in; the company reserves right to deduct the notice pay. A lot depends on the employees resignation letter which mentions about notice period. The employee stands a chance to get the salary.
1. If he can prove that he was ready to serve notice period but management demanded immediate relieving.
2. He has the termination in writing as any verbal intimations do not stand true in eyes of law.
All the more, you might want to revisit the performance evaluation process in the company. A 5 year old employee is asked to leave immediately due to performance issue & that too basis last 9 months is strange.
Regards,
Hiral Mehta
From India, Ahmedabad
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