Dear Members,
Could you pls share your views on the following:
Can any company can terminate an employee showing the cause NON PERFORMANCE, when entire industry is dull in Q1 and no other colleagues also reached the Q1 tragets etc., and In my case last couple of years I was the performer and due the lean period this FY the business is not that much encouraging.
Due to the Bosses direct / indirect pressure or politics played out of their egos etc., I my self given my resignation in writing to my immediate bosses & taken acknowledgement of receipt and I have confirmed them in the resignation letter that I will serve the notice period of 3 months.
But I heard from colleagues that they want to terminate me to send me asap because they have got a new employee. All ready they have started illtreating me.
I am serving the company since 4.5 years & now I am in notice period. As per the appointment letter I need to serve the notice period of 3 months or pay the 3 months basic & termination can be done for non performance. But 2 years back they have changed the policy that no buy outs / paying back the basics for getting re leaved with out serving notice period.
So pls guide me whether they can give me termination letter showing any reason viz., non performance etc., instead of re leaving letter, inspite of my confirmation of serving notice period.
Venkatesh
From India
Could you pls share your views on the following:
Can any company can terminate an employee showing the cause NON PERFORMANCE, when entire industry is dull in Q1 and no other colleagues also reached the Q1 tragets etc., and In my case last couple of years I was the performer and due the lean period this FY the business is not that much encouraging.
Due to the Bosses direct / indirect pressure or politics played out of their egos etc., I my self given my resignation in writing to my immediate bosses & taken acknowledgement of receipt and I have confirmed them in the resignation letter that I will serve the notice period of 3 months.
But I heard from colleagues that they want to terminate me to send me asap because they have got a new employee. All ready they have started illtreating me.
I am serving the company since 4.5 years & now I am in notice period. As per the appointment letter I need to serve the notice period of 3 months or pay the 3 months basic & termination can be done for non performance. But 2 years back they have changed the policy that no buy outs / paying back the basics for getting re leaved with out serving notice period.
So pls guide me whether they can give me termination letter showing any reason viz., non performance etc., instead of re leaving letter, inspite of my confirmation of serving notice period.
Venkatesh
From India
Venkatesh
After reading your post I assume that you have given your resignation letter first and then the company decided to terminate you or give you the notice of termination. If this is correct they cannot do so as you were the first to give them your resignation letter, what they are doing is illegal, did they provide you with any kind of evidence or prior notice about the non performance ? my assumption is if you have worked there for 4.5 yrs and they just discovered that your performance is not up-to the mark that total BS, they are just asking for trouble. Tell them they cannot treat you bad and if you are being treated bad let your HR Manager know about this and I would suggest you to have everything being documented and have a copy as well. This is clearly not the issue of your performance.
Hope this helps.
Mohan
From United States, Anchorage
10After reading your post I assume that you have given your resignation letter first and then the company decided to terminate you or give you the notice of termination. If this is correct they cannot do so as you were the first to give them your resignation letter, what they are doing is illegal, did they provide you with any kind of evidence or prior notice about the non performance ? my assumption is if you have worked there for 4.5 yrs and they just discovered that your performance is not up-to the mark that total BS, they are just asking for trouble. Tell them they cannot treat you bad and if you are being treated bad let your HR Manager know about this and I would suggest you to have everything being documented and have a copy as well. This is clearly not the issue of your performance.
Hope this helps.
Mohan
From United States, Anchorage
Dear Mohan,
Thanks. Your reply given me some kind of morale & console.
Unfortunately in the branch we donot have any HR. As the company has got several divisions, each division has their own Divisional HR as well as one common Corporate HR & every thing is located at HO in Mumbai.
Frankly speaking company is very reputed in India as well as very very old & traditional. Inspite of having good HR Policies also, people mould all these policies to their benifit viz., promotions will be given to their own people who always says yes to Good / bad - even if they non perform also they will get the promotion as they are good boss managers. Here no HR has a role - if at all only name sake. To tell prescisely there is no HR " D". Hr is only to recruits freshers from the colleges. After that every thing is the local bosses - what ever they give the feedback about a person that have more weight.
Let us see, what will happen. As you have identified I put my papers & confirmed them about me serving the 3 months notice period etc.,. Even then they are ill treating me - & not giving me the leaves etc., to attend any other interviews. Ofcourse I have one offer in the hand & wanted to have 1 or 2 more to opt for the best.
Thanks a lot for your reply.
Venkatesh
From India
Thanks. Your reply given me some kind of morale & console.
Unfortunately in the branch we donot have any HR. As the company has got several divisions, each division has their own Divisional HR as well as one common Corporate HR & every thing is located at HO in Mumbai.
Frankly speaking company is very reputed in India as well as very very old & traditional. Inspite of having good HR Policies also, people mould all these policies to their benifit viz., promotions will be given to their own people who always says yes to Good / bad - even if they non perform also they will get the promotion as they are good boss managers. Here no HR has a role - if at all only name sake. To tell prescisely there is no HR " D". Hr is only to recruits freshers from the colleges. After that every thing is the local bosses - what ever they give the feedback about a person that have more weight.
Let us see, what will happen. As you have identified I put my papers & confirmed them about me serving the 3 months notice period etc.,. Even then they are ill treating me - & not giving me the leaves etc., to attend any other interviews. Ofcourse I have one offer in the hand & wanted to have 1 or 2 more to opt for the best.
Thanks a lot for your reply.
Venkatesh
From India
Venkatesh,
When you say its very old company, I am not sure how old they are and if they don't have a HRD, that company must have been formed at the beginning of the civilization LOL.
Jokes apart... they need a reality check... this is not 18th Century. But anyways since you are leaving that company I suggest you to be polite and courteous at everyday work...even though they ill treat you, I am telling you this because you need to differentiate yourself from them.
There might be times ahead where you need some documents or a reference letter from your present company, its always good to leave a company with little or no bad reputation from your side at least.
Do not be worried about this situation too much... since you already have an offer in your hand.
I wish you all the best.
Mohan
From United States, Anchorage
When you say its very old company, I am not sure how old they are and if they don't have a HRD, that company must have been formed at the beginning of the civilization LOL.
Jokes apart... they need a reality check... this is not 18th Century. But anyways since you are leaving that company I suggest you to be polite and courteous at everyday work...even though they ill treat you, I am telling you this because you need to differentiate yourself from them.
There might be times ahead where you need some documents or a reference letter from your present company, its always good to leave a company with little or no bad reputation from your side at least.
Do not be worried about this situation too much... since you already have an offer in your hand.
I wish you all the best.
Mohan
From United States, Anchorage
As Mr Mohan has rightly advised that after giving resignation thereafter the company cannot terminate you which will be null and void. It is equally as sentencing a dead person to hang till death.
So do not worry complete your notice period and do not lose your temper even though they ill treat you, and come out with clean exit.
From India, Ahmadabad
So do not worry complete your notice period and do not lose your temper even though they ill treat you, and come out with clean exit.
From India, Ahmadabad
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Termination-emp loyment_563.pdf
Termination letter.doc