Mr. Dhingra is absoluetly right. Without being in the know of all facts of the matter, an off the cuff opinion will not be most appropriate. If all the facts of the matter are furnished one can give proper opinion/advice.
However, in the present case where the employee has resigned for whatever reasons, it will not a great idea to terminate his services. It will clearly appear to be a vindictive act.
Here it sems that the management is peeved with the employee and just wants to "fix" him, good.
Since the employee has already resigned, best would be to accept the same and arrange to relieve him at the earliest.
To address the situation further, you may decide not to give him a good experience certificate/reference.
I know of a real life situation where the MD of the Co. issued a termination order under his signature and in the said letter he actually terminated the services of the said employee "three times". Some venom that!!! (misplaced?)
Best Wishes,
Vasant Nair
From India, Mumbai
90However, in the present case where the employee has resigned for whatever reasons, it will not a great idea to terminate his services. It will clearly appear to be a vindictive act.
Here it sems that the management is peeved with the employee and just wants to "fix" him, good.
Since the employee has already resigned, best would be to accept the same and arrange to relieve him at the earliest.
To address the situation further, you may decide not to give him a good experience certificate/reference.
I know of a real life situation where the MD of the Co. issued a termination order under his signature and in the said letter he actually terminated the services of the said employee "three times". Some venom that!!! (misplaced?)
Best Wishes,
Vasant Nair
From India, Mumbai
Hi, if the resignation papers acknowledged by the employer has received - no way to terminate resigned person. Rgds, A. Krishnamoorthy
From India, Madras
From India, Madras
Dear All,
I hope we all are trying to learn certain things where SYNERGY is required. Lets not get tooooooooo serious.
Lets come to a point where we should accept CERTAIN FACTS and implement the same at all levels. Let us define a solution based on FACTS. We all are employees and we should help ourselves and our co-workers as well.
We should never try to spoil anybody's career. Its really unfair on anybody's part.
With profound regards
From India, Chennai
I hope we all are trying to learn certain things where SYNERGY is required. Lets not get tooooooooo serious.
Lets come to a point where we should accept CERTAIN FACTS and implement the same at all levels. Let us define a solution based on FACTS. We all are employees and we should help ourselves and our co-workers as well.
We should never try to spoil anybody's career. Its really unfair on anybody's part.
With profound regards
From India, Chennai
Dear Dhingra Sir,
The case was that my friend has some life insurance policies of sister concern of the company in his name which his friend x has confirmed that he has done those policy on behalf of my friend as he has to repay some old debts to my friend . Even my friend was receiving the letters confirming the same at his communication address when my friend has checked those things from the insurance company it was confirmed to him that that the policy is updated with his communication address ,DOB as well as PAN Card number. when he approached the insurance company for redemption of the policy insurance peoples ask him for his ID proof and cancelled cheque he submit his pan card and savings account cheque . the insurance company has taken almost 15 days to process the payment in his savings account.after a month of crediting the payment my friend has received a call in the month of september 2010 from internal risk management team regarding the confirmation of the same .they ask him that why he has claimed the payment he gives proper reasoning for the same that he is expecting the same amount from one of his friend with whom he has no contact from last 6 months.as the money does not belong to him so he return the full amount accordingly . after that he has not received a single communication neither from the HR nor from risk management so he assumes that the things are over .and he starts working like before it is after that he receives a good opportunity so he decides to resign on 1st FEB 2011 and all this mess has begun you are requested to please advice him accordingly
From India, New Delhi
The case was that my friend has some life insurance policies of sister concern of the company in his name which his friend x has confirmed that he has done those policy on behalf of my friend as he has to repay some old debts to my friend . Even my friend was receiving the letters confirming the same at his communication address when my friend has checked those things from the insurance company it was confirmed to him that that the policy is updated with his communication address ,DOB as well as PAN Card number. when he approached the insurance company for redemption of the policy insurance peoples ask him for his ID proof and cancelled cheque he submit his pan card and savings account cheque . the insurance company has taken almost 15 days to process the payment in his savings account.after a month of crediting the payment my friend has received a call in the month of september 2010 from internal risk management team regarding the confirmation of the same .they ask him that why he has claimed the payment he gives proper reasoning for the same that he is expecting the same amount from one of his friend with whom he has no contact from last 6 months.as the money does not belong to him so he return the full amount accordingly . after that he has not received a single communication neither from the HR nor from risk management so he assumes that the things are over .and he starts working like before it is after that he receives a good opportunity so he decides to resign on 1st FEB 2011 and all this mess has begun you are requested to please advice him accordingly
From India, New Delhi
Dear All,
It may be alright in politics to commit corruption and resign before the people outcry. It is also good for a saint to take a lenient view and forgive a wrong doer. But in the society, particularly in industries, stern action must be taken against gross indiscipline. I appreciate the feelings and goodness of Namobita Ji and would agree to take a lenient view only if the concerned employee apologizes for his mis-deeds and promises good behaviour in future; otherwise not. If the chapter is closed with mere acceptance of his resignation, it is likely that he would repeat it elsewhere with more boldness. To the best of my knowledge and belief, no law prevents any employer from rejecting resignation letter and dismissing the culprit from service after due process of law i.e. serving a chargesheet, conducting enquiry etc. which deprives him of his gratuity.
From India, Pune
It may be alright in politics to commit corruption and resign before the people outcry. It is also good for a saint to take a lenient view and forgive a wrong doer. But in the society, particularly in industries, stern action must be taken against gross indiscipline. I appreciate the feelings and goodness of Namobita Ji and would agree to take a lenient view only if the concerned employee apologizes for his mis-deeds and promises good behaviour in future; otherwise not. If the chapter is closed with mere acceptance of his resignation, it is likely that he would repeat it elsewhere with more boldness. To the best of my knowledge and belief, no law prevents any employer from rejecting resignation letter and dismissing the culprit from service after due process of law i.e. serving a chargesheet, conducting enquiry etc. which deprives him of his gratuity.
From India, Pune
Dear ,
If this act is affecting Company Image , then Consult your Advocate who will be able to give clear legal guidance. Act accordingly taking in to account the quantum of damage. Normally these advocates guide us well , it is upto us to deal the case in a firm and fair way.
R.Srinivasan
From India, Mumbai
If this act is affecting Company Image , then Consult your Advocate who will be able to give clear legal guidance. Act accordingly taking in to account the quantum of damage. Normally these advocates guide us well , it is upto us to deal the case in a firm and fair way.
R.Srinivasan
From India, Mumbai
Dear Shyam,
I suggested appropriate action on the breach and NDA which can include non-compete agreement, where an employee cannot join a client or a vendor and start the business within the lock in period which is three to five years.
Punishment would not remain valid if the right course for the future is not defined.
Regards,
(Cite Contribution)
From India, Mumbai
I suggested appropriate action on the breach and NDA which can include non-compete agreement, where an employee cannot join a client or a vendor and start the business within the lock in period which is three to five years.
Punishment would not remain valid if the right course for the future is not defined.
Regards,
(Cite Contribution)
From India, Mumbai
Dear Arpita,
One can certainly understand your frustration at having spent so much time and money on recruiting someone, only to have them resign.
However terminating someone (except on grounds of illegal activity) also has a negative impact on the brand value of the company in the market. As long as this person studied for his MBA examination during his leave as promised, he has fulfilled his ethical and moral obligations to the company.
One cannot really prevent an employee from searching for better opportunities elsewhere. As for attending the interviews, he could have done that anyways, whether or not he was on leave. Even if this person has attended interviews.
I would gently submit, that you perhaps need to reconsider your decision on terminating this person. A better way would be to simply let him resign.
From India, Bangalore
One can certainly understand your frustration at having spent so much time and money on recruiting someone, only to have them resign.
However terminating someone (except on grounds of illegal activity) also has a negative impact on the brand value of the company in the market. As long as this person studied for his MBA examination during his leave as promised, he has fulfilled his ethical and moral obligations to the company.
One cannot really prevent an employee from searching for better opportunities elsewhere. As for attending the interviews, he could have done that anyways, whether or not he was on leave. Even if this person has attended interviews.
I would gently submit, that you perhaps need to reconsider your decision on terminating this person. A better way would be to simply let him resign.
From India, Bangalore
Pl find concerned Coal India Ltd., Vs Mukul Kumar Choudhuri 2009(123)FLR 601. judgement from Supreme court of India
From India, Mumbai
From India, Mumbai
Hi to all HR members or seniors,
This is regarding the same thing happened to my friend he has been firstly asked for change his desingation or job role i.e. Project manager(Audit) to Mgr-Admin in an education industryafter joining of 3 months without any reason becoz a senior employee was jealous with his performance or always creep before him that you have less exp. & still u & me are on the same profile & has done some kind of politics & my frnd has to accept the change as he was in probation & question of Career & he moved to their saharanpur office for administration profile & after 1 month they had terminatd him giving reasons that he was distracted from his work & job laziness yet it was not the case he has done his best i was aware of his work.
Can u suggest me the ways how he will be able to releive properly & able to get the service certificate & he has still not accepted the termination letter.he has to give the reply today (28th March,2011)
If such things happen to anyone .............wat one shd do becoz its a question of one's career or life.
Pls suggest some solution......hoping for a positive reply ASAP!!
Regards,
Aashi
From India, Mumbai
This is regarding the same thing happened to my friend he has been firstly asked for change his desingation or job role i.e. Project manager(Audit) to Mgr-Admin in an education industryafter joining of 3 months without any reason becoz a senior employee was jealous with his performance or always creep before him that you have less exp. & still u & me are on the same profile & has done some kind of politics & my frnd has to accept the change as he was in probation & question of Career & he moved to their saharanpur office for administration profile & after 1 month they had terminatd him giving reasons that he was distracted from his work & job laziness yet it was not the case he has done his best i was aware of his work.
Can u suggest me the ways how he will be able to releive properly & able to get the service certificate & he has still not accepted the termination letter.he has to give the reply today (28th March,2011)
If such things happen to anyone .............wat one shd do becoz its a question of one's career or life.
Pls suggest some solution......hoping for a positive reply ASAP!!
Regards,
Aashi
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf