Resignation can't be turned into termination. If this has happened, it is saddening. As far as the notice period is concerned, if the company has some issues, they can send a recovery note to the concerned employee. If this is turned into termination, then it becomes a matter of judiciary.
Thanks & regards,
Sumit Kumar Saxena
From India, Ghaziabad
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280Thanks & regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Very relevant and recurring topics for discussion. Having seen the replies fully, I can understand the forum is absolutely divided in their opinion.
I believe HR is a function representing Human Resources to the Management but often it is misunderstood and considered the other way around (representing Management). Compassion and empathy should be the way someone can win hearts but not by policing, authority, and commanding. In this case, the alter-ego of an HR Manager is visible clearly. It is very common for an employee to behave immaturely, but I am surprised learning the HR Manager too was at his immature best. He neither showed compassion nor followed the standard process.
Firstly, either he can approve or disapprove the employee resignation in the first instance itself. If he disapproves, then there is a chance he can terminate the employee. However, to go to that level, firstly, a domestic inquiry along with proper hearing (with a facility for the employee to call for a 2nd inquiry) should happen. To complete the entire process, 45 days will pass for the HR to terminate the employee. Finally, the HR Manager wins the long haul battle just to satisfy his ego by wasting so many office resources (time, material, and money).
An issue that can be closed with just a couple of phone calls or 1 to 2 direct discussions has transformed to this level. Whom to blame here?
From India, Hyderabad
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I believe HR is a function representing Human Resources to the Management but often it is misunderstood and considered the other way around (representing Management). Compassion and empathy should be the way someone can win hearts but not by policing, authority, and commanding. In this case, the alter-ego of an HR Manager is visible clearly. It is very common for an employee to behave immaturely, but I am surprised learning the HR Manager too was at his immature best. He neither showed compassion nor followed the standard process.
Firstly, either he can approve or disapprove the employee resignation in the first instance itself. If he disapproves, then there is a chance he can terminate the employee. However, to go to that level, firstly, a domestic inquiry along with proper hearing (with a facility for the employee to call for a 2nd inquiry) should happen. To complete the entire process, 45 days will pass for the HR to terminate the employee. Finally, the HR Manager wins the long haul battle just to satisfy his ego by wasting so many office resources (time, material, and money).
An issue that can be closed with just a couple of phone calls or 1 to 2 direct discussions has transformed to this level. Whom to blame here?
From India, Hyderabad
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Hello Everyone,
I have gone through all the replies and the query at hand, and I see many diversified views. Let's get to the apex law for the same, i.e., the Principle of Natural Justice. In the query at hand, the medical problem with the employee is related to her eye. The eye is a very sensitive and essential organ of one's body. I can assume from the query that following surgery, she experienced some complications, and by citing this reason, she resigned.
Now, coming to the various views, I can safely assume that the job responsibility of the employee would involve the use of her eye. In such a case, if HR had doubts that she is citing a fake reason, HR should have asked for the medical documents and verified them with a doctor to clarify the medical position, which is the best legal way and also satisfies the Principle of Natural Justice. Because if her condition is genuinely severe and you force her to serve the notice period, and during that period, God forbid her vision deteriorates, who shall be responsible? Put yourself in her shoes and try to understand her situation.
I also understand that people often exaggerate their actual condition, but to determine the true condition, HR can always ask for a medical opinion based on medical records.
One must be prudent and rational at the same time. Be impartial and consider both perspectives. HR's job is not to blindly follow every management order or to prioritize the company over the employee's health but to create a balance between management and employees. We also know that sometimes management requests HR to do things that are ethically wrong, but one should at least strive to do what is right. Kudos to the person who posted this query; at least, they want to understand what is right and what is not.
From India, New Delhi
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I have gone through all the replies and the query at hand, and I see many diversified views. Let's get to the apex law for the same, i.e., the Principle of Natural Justice. In the query at hand, the medical problem with the employee is related to her eye. The eye is a very sensitive and essential organ of one's body. I can assume from the query that following surgery, she experienced some complications, and by citing this reason, she resigned.
Now, coming to the various views, I can safely assume that the job responsibility of the employee would involve the use of her eye. In such a case, if HR had doubts that she is citing a fake reason, HR should have asked for the medical documents and verified them with a doctor to clarify the medical position, which is the best legal way and also satisfies the Principle of Natural Justice. Because if her condition is genuinely severe and you force her to serve the notice period, and during that period, God forbid her vision deteriorates, who shall be responsible? Put yourself in her shoes and try to understand her situation.
I also understand that people often exaggerate their actual condition, but to determine the true condition, HR can always ask for a medical opinion based on medical records.
One must be prudent and rational at the same time. Be impartial and consider both perspectives. HR's job is not to blindly follow every management order or to prioritize the company over the employee's health but to create a balance between management and employees. We also know that sometimes management requests HR to do things that are ethically wrong, but one should at least strive to do what is right. Kudos to the person who posted this query; at least, they want to understand what is right and what is not.
From India, New Delhi
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Hi sir,
This is Swati. I was working at a Japanese company for the last 11 months. There was a 6-month probation period. I joined on 23rd Nov 2016. In August 2017, my reporting boss went into a coma due to brain hemorrhage. He is the Senior Vice President of the company and a very nice person. In September 2017, HR extended my probation period without any reason and said, "You know that your boss is in a coma, and he is the most senior person in the company, so we cannot make any decisions." I accepted that letter, but I objected to the words written in the extended letter ("Your performance is not up to mark, so we are extending probation."). He explained that it is our format, so no need to worry about it. Even though my performance was good, my VP appreciated it in writing. On 25th October 2017, they forced me to resign, and when I refused, they terminated me on the spot without compensation. What should I do in this regard?
Regards,
Swati Goyal
Assistant Manager
From India, New Delhi
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This is Swati. I was working at a Japanese company for the last 11 months. There was a 6-month probation period. I joined on 23rd Nov 2016. In August 2017, my reporting boss went into a coma due to brain hemorrhage. He is the Senior Vice President of the company and a very nice person. In September 2017, HR extended my probation period without any reason and said, "You know that your boss is in a coma, and he is the most senior person in the company, so we cannot make any decisions." I accepted that letter, but I objected to the words written in the extended letter ("Your performance is not up to mark, so we are extending probation."). He explained that it is our format, so no need to worry about it. Even though my performance was good, my VP appreciated it in writing. On 25th October 2017, they forced me to resign, and when I refused, they terminated me on the spot without compensation. What should I do in this regard?
Regards,
Swati Goyal
Assistant Manager
From India, New Delhi
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Ms. Swati, you seem to have gotten yourself into a problem, largely of your own making. You were appointed in September '16 with a six-month probation period, which should have ended by 23rd March '17. However, nothing happened until September '17 as the boss was in a coma from August '17. It appears that they have now decided to let you go and extended your probation. The question now is, for how long was the probation extended?
They are now requesting your resignation, and upon refusal, they issued a termination letter. The legal aspect in your favor is that when probation is extended, a performance review can only be conducted at the end of the extension period and not in between, unless a significant incident occurred, which I assume did not happen. You have the option to raise this issue, but its effectiveness in obtaining proper relief is yet to be seen.
From India, Mumbai
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They are now requesting your resignation, and upon refusal, they issued a termination letter. The legal aspect in your favor is that when probation is extended, a performance review can only be conducted at the end of the extension period and not in between, unless a significant incident occurred, which I assume did not happen. You have the option to raise this issue, but its effectiveness in obtaining proper relief is yet to be seen.
From India, Mumbai
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For Madam Swati, I would suggest that she write a carefully worded letter to the management about her professional performance, which she claims is good and has been appreciated in writing. She needs to bring out that she objected to the statement that her professional performance was not good in the discussion with the HR Manager. One must always remember that what is put in writing has precedence over verbal assurances. Who conducted the performance review, and what was documented about her performance in the professional work as HR? Madam requires to move on to another job but insists upon 2 months' compensation and a favorable relief letter. The actions of the company appear to be incorrect and hurriedly done in the absence of the VP, who is unwell.
From India, Pune
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From India, Pune
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