Dear Seniors, My friend working as Executive HR in an India Ltd. company (Manufacturing group).On 18th March evening, the HR- Manager told her not to come to office from next day. Nothing has been given to her in writing and no reason has been informed her. She is continuously trying to contact the management on phone, but everyone is trying to avoid her. Even no warnings have been given to her earlier. Her management is forcing her to give resignation and after that, we talk to you.
Management told her that salary will only be transferred when she submit her resignation.
Please Guide.... Awaiting for your early response....
From India, Delhi
2Management told her that salary will only be transferred when she submit her resignation.
Please Guide.... Awaiting for your early response....
From India, Delhi
Dear Priyanka,
Similar practice is being followed by so many small companies. Although, this type of behavior is totally unethical, I would like to suggest to resign with proper notice period as per the terms of employment and get away from such bad company. In fact, these type of companies and management do not require hard working / honest / deserving candidates, neither they believe in maintaining a good professional relationship during and after the employee tenure with the company.
Regards,
Prabhat
From India, Mumbai
Similar practice is being followed by so many small companies. Although, this type of behavior is totally unethical, I would like to suggest to resign with proper notice period as per the terms of employment and get away from such bad company. In fact, these type of companies and management do not require hard working / honest / deserving candidates, neither they believe in maintaining a good professional relationship during and after the employee tenure with the company.
Regards,
Prabhat
From India, Mumbai
Firstly, I would suggest that Register AD the letter of concern and ask the HR to mention the reason regarding the communication they had on DATE that s/he was asked to discontinue from so and so date.
Wait for 1 week post the delivery of the letter. When you register AD, the post master also gives you the details on date of delivery and if or not the letter was received by concerned person, who received it and an acknowledgement slip is signed by the person taking delivery.
This will prove the fact that your friend made an attempt to ask the persons about the reason. Also mention in the letter dates and time when s/he called up the HR and/or other authorities and the response s/he got - No answer, busy tone, etc.
Not hearing from them for 7-10 days post delivery of letter, approach the labor office and meet the Officer and share the concern.
From India, Mumbai
Wait for 1 week post the delivery of the letter. When you register AD, the post master also gives you the details on date of delivery and if or not the letter was received by concerned person, who received it and an acknowledgement slip is signed by the person taking delivery.
This will prove the fact that your friend made an attempt to ask the persons about the reason. Also mention in the letter dates and time when s/he called up the HR and/or other authorities and the response s/he got - No answer, busy tone, etc.
Not hearing from them for 7-10 days post delivery of letter, approach the labor office and meet the Officer and share the concern.
From India, Mumbai
Hi Prabhat,
To quote your conclusion -
To be very honest, I do not approve what the HR of the said firm did. But to share the knowledge, I would like to mention you that there are different reasons that a company would force the employees to put their papers down like -
1. They think the person is not contributing much and even after giving several hints and warnings do not improve. In such case, a company is being actually good for the person by not terminating and asking for resignation instead so that his image for future employment is not tarnished by the word - TERMINATED
2. The company is running in loss and cannot manage the workforce. They not only have to reduce the manpower but also decide if they should continue the working.
These are the two scenes I can think of.
We cannot comment on whose fault it was because we do not know the complete story.
We do not know the company's side story.
We do not know the whole story from the employee's side as well.
How can we conclude if or not what the company did was fair.
From India, Mumbai
To quote your conclusion -
To be very honest, I do not approve what the HR of the said firm did. But to share the knowledge, I would like to mention you that there are different reasons that a company would force the employees to put their papers down like -
1. They think the person is not contributing much and even after giving several hints and warnings do not improve. In such case, a company is being actually good for the person by not terminating and asking for resignation instead so that his image for future employment is not tarnished by the word - TERMINATED
2. The company is running in loss and cannot manage the workforce. They not only have to reduce the manpower but also decide if they should continue the working.
These are the two scenes I can think of.
We cannot comment on whose fault it was because we do not know the complete story.
We do not know the company's side story.
We do not know the whole story from the employee's side as well.
How can we conclude if or not what the company did was fair.
From India, Mumbai
Priyanka
The company mangement has made it abundantly clear to your friend by their conduct that they do not want to continue her at any rate. Though it is discourteous and unethical and speaks volumes of the company's work culture, it is advisable to resign from such companies with a proper relieving letter and look for better companies instead of pestring them for divulging the reason and pusrsue a confronting option. It is said that discretion is better part of valour.However she shall make it sure that she gets the relieving letter.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
The company mangement has made it abundantly clear to your friend by their conduct that they do not want to continue her at any rate. Though it is discourteous and unethical and speaks volumes of the company's work culture, it is advisable to resign from such companies with a proper relieving letter and look for better companies instead of pestring them for divulging the reason and pusrsue a confronting option. It is said that discretion is better part of valour.However she shall make it sure that she gets the relieving letter.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
Hello Priyanka,
I am with B.Saikumar--when the message is absolutely clear--IRRESPECTIVE of whether one agrees with it or not--your friend would only be wasting her time & effort. Let her put it to better use.
However, I suggest MORE precaution on the part of your friend.
Suggest her to inform the company that she will EXCHANGE her Resignation with the Salary cheque AND Relieving/Experience Letter. If you go thru some of the threads in CiteHR, you will notice many companies playing delaying tactics once they get the resignation.
Rgds,
TS
From India, Hyderabad
I am with B.Saikumar--when the message is absolutely clear--IRRESPECTIVE of whether one agrees with it or not--your friend would only be wasting her time & effort. Let her put it to better use.
However, I suggest MORE precaution on the part of your friend.
Suggest her to inform the company that she will EXCHANGE her Resignation with the Salary cheque AND Relieving/Experience Letter. If you go thru some of the threads in CiteHR, you will notice many companies playing delaying tactics once they get the resignation.
Rgds,
TS
From India, Hyderabad
Dear Priyanka,
I do not agree with views expressed by Ankita.Whatever may be the reason it is very natural to expect transparency in top management's conduct.If they feel that your friend's performance was not upto the mark then this must be reflected in the appraisal report.Secondly if the company is financially in a bad position there is no reason to hide this fact from an employee.However as Mr Tajsateesh has said it is evident that the story of your friend with this company is over.So do the best.Trade the resignation letter against all the dues and quit.But after that do not forget to bring the entire episode to the notice of the labour commissioner so that the company may learn a lesson or two !
S.K.Limaye/MBA
From India, New Delhi
I do not agree with views expressed by Ankita.Whatever may be the reason it is very natural to expect transparency in top management's conduct.If they feel that your friend's performance was not upto the mark then this must be reflected in the appraisal report.Secondly if the company is financially in a bad position there is no reason to hide this fact from an employee.However as Mr Tajsateesh has said it is evident that the story of your friend with this company is over.So do the best.Trade the resignation letter against all the dues and quit.But after that do not forget to bring the entire episode to the notice of the labour commissioner so that the company may learn a lesson or two !
S.K.Limaye/MBA
From India, New Delhi
While appreciating the views expressed by learned members M/S Prabat, Ankita,Saikumar n Tajsateesh based on practical wisdom, I would like to ask a question, particularly Ms.Sankita Shah: Why this type of culture is more prevalent in companies engaged in I.T and I.T related industry?I don't mean to say such a practice is not at all in vogue in other sectors; of course there are men and men.In other sectors, still trade unions remain to be a preventive-check against such unethical practices; but in I.T sector, for good or bad, unionisation is not at all possible.As suggested by Ankita the incumbent might not have been up to the standard in terms of work contribution n the best of efforts for improvement taken by the management proved to be futile and with no other option, they might 've cometo this type of hard decision.In my personal view, it opens the Pandora's box out! For termination of the services is an economic death sentence awarded to an employee n such an ignominious end to his career will make him ruthless n impervious in his personal transactions with others not withstanding the plenty of openings elsewhere.What's the guarantee the Company will give a positive feed-back in case of referral? Is the Company's process of recruitment n training is defective?
From India, Salem
From India, Salem
I have not seen any substance in the suggestion that the agrieved employeeee shall compalin to the Labour Commissioner after resigning from job and negoatiating a peaceful exit for the following reasons.
1) The employee concerned is a HR Executive and hence not a workman to compalin to the Labour Commissioner about any matter concerning her to invoke his jurisdiction.
2) Assuming that she succeds to prove that she is a workman, there cannot be any dispute about her cessation of job as the same has been brought about by her reisgnation but not by employer's arbitrary termination and hence in all probability the complaint will not be taken cognisance of.
3) If she resorts to such action after resigning, thinking that it is her turn now to embarass the company, it may invite reprisals from the ex-employer who may send some negative feed back to her current employer to embarass her. It is advisable for both the parties to respect the win-win situation negotiated between them and do not resort to any act to disturb the understanding as it may hurt the interess of both, more so those of the employee.
B.Saikumar
Mumbai
From India, Mumbai
1) The employee concerned is a HR Executive and hence not a workman to compalin to the Labour Commissioner about any matter concerning her to invoke his jurisdiction.
2) Assuming that she succeds to prove that she is a workman, there cannot be any dispute about her cessation of job as the same has been brought about by her reisgnation but not by employer's arbitrary termination and hence in all probability the complaint will not be taken cognisance of.
3) If she resorts to such action after resigning, thinking that it is her turn now to embarass the company, it may invite reprisals from the ex-employer who may send some negative feed back to her current employer to embarass her. It is advisable for both the parties to respect the win-win situation negotiated between them and do not resort to any act to disturb the understanding as it may hurt the interess of both, more so those of the employee.
B.Saikumar
Mumbai
From India, Mumbai
Iam awaiting Ankita's reply to Mr.Umkanthan's query as this question is nagging me also. Yes as observed by Mr.Umakanthan, all these unethical practices like collecting educational certifiactes etc are found to be prevailing in IT sector.May be attrition is one problem.
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
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Notice for termination of Contract Sample.doc
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