Dear all.
I am no HR person and, hence, I have followed the discussions with interest. I can only quote two examples from my experience, which are like two ends of a long stick.
The first experience is from India. I submitted my resignation to a Govt organisation years ago, as I had obtained an Employment Voucher that enabled me to migrate to the UK. My boss insisted that I served my notice period and was forced to forego even my earned leave. As I had worked for less than 5 years I lost my PF, etc.
The second in the UK. I joined a firm and I was employed only for 3 months and hardly was given any work to do, as the Production Manager who employed me had left the firm. To cut the story short, the company which had been taken over by an American one, asked me to wait till the new Manager came. The new manager was less qualified than me academically and did not see any role for me. The company had every right to terminate me with just a months notice. However, when I told them the hardship that they had put me through for no fault of my own, they agreed to pay me another months salary and gave me time off work to go for intervies whenever I wanted. Most American firms have a reputation of "Hire and Fire" organisations. But as the management was British they still had that human touch.
So, it all depends upon whether one wants to have that human touch or flex the muscles, even if they my be in the wrong.
From United Kingdom
1624I am no HR person and, hence, I have followed the discussions with interest. I can only quote two examples from my experience, which are like two ends of a long stick.
The first experience is from India. I submitted my resignation to a Govt organisation years ago, as I had obtained an Employment Voucher that enabled me to migrate to the UK. My boss insisted that I served my notice period and was forced to forego even my earned leave. As I had worked for less than 5 years I lost my PF, etc.
The second in the UK. I joined a firm and I was employed only for 3 months and hardly was given any work to do, as the Production Manager who employed me had left the firm. To cut the story short, the company which had been taken over by an American one, asked me to wait till the new Manager came. The new manager was less qualified than me academically and did not see any role for me. The company had every right to terminate me with just a months notice. However, when I told them the hardship that they had put me through for no fault of my own, they agreed to pay me another months salary and gave me time off work to go for intervies whenever I wanted. Most American firms have a reputation of "Hire and Fire" organisations. But as the management was British they still had that human touch.
So, it all depends upon whether one wants to have that human touch or flex the muscles, even if they my be in the wrong.
From United Kingdom
Dear Mr. Raj Kumar,
Let me just assure you there is nothing draconian,oppressive or punitive in my approach. It is simply based on legal provisions and principle of natural justice for both the parties. I am still awaiting High Court/Supreme Court Judgements( if any), reinforcing your contention, as stated by you. I have no reasons to believe there is no such judgements perticularly when a super moderator is saying so, however, I need for my personal enlightenment. I shall really be grateful to you for ever.
With best regards
From India, Pune
Let me just assure you there is nothing draconian,oppressive or punitive in my approach. It is simply based on legal provisions and principle of natural justice for both the parties. I am still awaiting High Court/Supreme Court Judgements( if any), reinforcing your contention, as stated by you. I have no reasons to believe there is no such judgements perticularly when a super moderator is saying so, however, I need for my personal enlightenment. I shall really be grateful to you for ever.
With best regards
From India, Pune
My dear Devbrat
I don't wish to be drawn into a futile debate, and spend my time in in finding out references just for your satisfaction, for the simple reason that I do not know what kind of rulings will be acceptable to you, and there would not be an un-ending series of pointing out deficiency, discrepancy or dis-similarity etc etc. You are entitled to your opinion; as rightly said by you; and act accordingly.
It is a common (but unethical) practice in private indian companies that instead of "ACCEPTING" resignations as per the effective date of release; HRs "TERMINATE" the services of employees tendering resignation; without giving any notice pay in lieu of the unexpired portion of notice. Most employees do not protest or challenge this, because they are more than happy to leave such companies.
A search in CiteHR and Google has provided me tonnes of innumerable references and is replete with information; even that of US laws which can also be considered as the principles of natural justice remains the same all over the world.
You are once again requested to do your search; if you are really concerned; rather expecting or waiting to be provided everything. Just a few key words on the top of the page at "Type Search Query" will lead you to the discussions.
Regards.
From India, Delhi
I don't wish to be drawn into a futile debate, and spend my time in in finding out references just for your satisfaction, for the simple reason that I do not know what kind of rulings will be acceptable to you, and there would not be an un-ending series of pointing out deficiency, discrepancy or dis-similarity etc etc. You are entitled to your opinion; as rightly said by you; and act accordingly.
It is a common (but unethical) practice in private indian companies that instead of "ACCEPTING" resignations as per the effective date of release; HRs "TERMINATE" the services of employees tendering resignation; without giving any notice pay in lieu of the unexpired portion of notice. Most employees do not protest or challenge this, because they are more than happy to leave such companies.
A search in CiteHR and Google has provided me tonnes of innumerable references and is replete with information; even that of US laws which can also be considered as the principles of natural justice remains the same all over the world.
You are once again requested to do your search; if you are really concerned; rather expecting or waiting to be provided everything. Just a few key words on the top of the page at "Type Search Query" will lead you to the discussions.
Regards.
From India, Delhi
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