Hello, My General Manager terminated one employee verbally a few days ago, and his contract was supposed to be finished by July 2014.
The employee keeps coming to the office and demanding an official termination letter. As the employee said, he will continue his duties till he gets his termination letter signed by GM & stamped.
GM keeps saying that he no longer belongs to the company but does not give him written notification.
As HR manager, what should I do? I can't force my GM, and I can't issue a termination letter without his permission.
Employee is asking 1 month salary as notification period and all his due.
Will he be eligible to get benefits, if we terminate someone?
From Saudi Arabia, Jeddah
64The employee keeps coming to the office and demanding an official termination letter. As the employee said, he will continue his duties till he gets his termination letter signed by GM & stamped.
GM keeps saying that he no longer belongs to the company but does not give him written notification.
As HR manager, what should I do? I can't force my GM, and I can't issue a termination letter without his permission.
Employee is asking 1 month salary as notification period and all his due.
Will he be eligible to get benefits, if we terminate someone?
From Saudi Arabia, Jeddah
Dear Kashif Mumtaz Ahmed,
Your General Manager appears to be unprofessional. He should be sacked and not the employee in question.
You need to follow labour laws of your country. Company is not someone's kingdom wherein employees can be treated at chattel at authority's dispensation.
You are cleaved in two odds. Quietly tell employee to put up application to Managing Director about his plight/situation. You need to expose intemperateness of GM to the higher authorities. Secondly, the sacked employee will get channel of communication to express his grievance.
Thanks,
Dinesh Divekar
From India, Bangalore
Your General Manager appears to be unprofessional. He should be sacked and not the employee in question.
You need to follow labour laws of your country. Company is not someone's kingdom wherein employees can be treated at chattel at authority's dispensation.
You are cleaved in two odds. Quietly tell employee to put up application to Managing Director about his plight/situation. You need to expose intemperateness of GM to the higher authorities. Secondly, the sacked employee will get channel of communication to express his grievance.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Kashif Mumtaz Ahmed,
First check whether the said employee has completed 240 days. if he has completed then you will have to give him 1 month notice or salary in lieu plus retrenchment compensation as per ID Act.
Regards
Dinesh Kumar
From India, New Delhi
First check whether the said employee has completed 240 days. if he has completed then you will have to give him 1 month notice or salary in lieu plus retrenchment compensation as per ID Act.
Regards
Dinesh Kumar
From India, New Delhi
Discuss with your MD first privately and then talk to GM. Rules have to be followed. Verbally nothing works. It has to be on paper and as an HR person the GM is under you technically. The welfare of each employee is your concern so exert your rights and authority.
From India, Mumbai
From India, Mumbai
Dear Kashif Mumtaz Ahmed,
Why don't you put this matter into notice of higher authorities? You must share this with them. Show them the legal responsibilities on your organization. I believe this will resolve the matter.
From India, Ahmadabad
Why don't you put this matter into notice of higher authorities? You must share this with them. Show them the legal responsibilities on your organization. I believe this will resolve the matter.
From India, Ahmadabad
It is important to give letter in writing if you are terminating a person.......according to me you should go privately to your M.D tell him about the scenerio and about the behaviour of your G.M. and give that employee justice by knowing why G.M is not providing letter to employee otherwise ask that employee to reach the court because written notice have to be given before 1 month of employee termination as per IR act.
From India, Haldwani
From India, Haldwani
If you are terminating the employee you are supposed to give him resignation letter with gratuity of two months.
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From India, Mumbai
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From India, Mumbai
Dear Mr.Ahmad,
My Question is that, how he would become a General Manager (GM) and whether he is belongs to your country or not. since if he is belongs to your country, he must know about some basic law.without knowing these, he could not take an action against any employee under contract or On-Roll as simple as too in verbal statement. If not, he must adopt to the country and follow the rules as per country law.
I don't think, whether you can solve this issue even if you meet him personally and also would like to know what is the reason behind that he took the action against the contract employee. Is it a valid reason as far as your knowledge?
Think and act smartly...
Follow the country law and act accordingly...
Tks
Regards
R V Chandrakumar
From India, Chennai
My Question is that, how he would become a General Manager (GM) and whether he is belongs to your country or not. since if he is belongs to your country, he must know about some basic law.without knowing these, he could not take an action against any employee under contract or On-Roll as simple as too in verbal statement. If not, he must adopt to the country and follow the rules as per country law.
I don't think, whether you can solve this issue even if you meet him personally and also would like to know what is the reason behind that he took the action against the contract employee. Is it a valid reason as far as your knowledge?
Think and act smartly...
Follow the country law and act accordingly...
Tks
Regards
R V Chandrakumar
From India, Chennai
Hi,
I understand this happened in Sudi Arabia. Generally people don't follow proper rules in Gulf. The float laws according to their convenience. The employee can approach that country's labour department and only then the company will try to resolve or else it is not exparte land. Hence, you may advise the employee to take legal stand in going to Labour Depart. with his grievance. I hope you might have given appointment order to employee while appoint or sponsor ship as the local laws applicable. It is easy to talk in India then to get out of problem in Gulf. If the employee don't have work, then he has to return to his country of origin. Since you have to find the proper local solution, and the solutions that available in India is not available in Gulf which you need to keep in mind.
Regards
From India, Bangalore
I understand this happened in Sudi Arabia. Generally people don't follow proper rules in Gulf. The float laws according to their convenience. The employee can approach that country's labour department and only then the company will try to resolve or else it is not exparte land. Hence, you may advise the employee to take legal stand in going to Labour Depart. with his grievance. I hope you might have given appointment order to employee while appoint or sponsor ship as the local laws applicable. It is easy to talk in India then to get out of problem in Gulf. If the employee don't have work, then he has to return to his country of origin. Since you have to find the proper local solution, and the solutions that available in India is not available in Gulf which you need to keep in mind.
Regards
From India, Bangalore
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