Hi,
Can an employer terminate an employee on his last working day, I.e after giving proper handover of data & assets?
NOTE: Employee is in probation period.
Suppose: An employee tendered his resignation on 1st Jan. Resignation was accepted by management & reliving date was decided 16th Jan.
The employee had handedover the data to the concern as instructed by company. Then he asked for leave for his domestic issues which was not sanctioned. Still the employee gone for leave. Hr dept had send him a letter stating to report office immediately. In reply employee had asked to allow him leave on LOP. He was absent for 5 days because train communication was hampered for 3 days. He reported office on 15th Jan & handed over all the assets & taken acknowledgement. Instead of replying to the leave approval mail in LOP, HR dept had send another letter to the employee asking reason & justification behind unauthorized absence.
Employee had given the reason & justification. Then his
From India, Hyderabad
Can an employer terminate an employee on his last working day, I.e after giving proper handover of data & assets?
NOTE: Employee is in probation period.
Suppose: An employee tendered his resignation on 1st Jan. Resignation was accepted by management & reliving date was decided 16th Jan.
The employee had handedover the data to the concern as instructed by company. Then he asked for leave for his domestic issues which was not sanctioned. Still the employee gone for leave. Hr dept had send him a letter stating to report office immediately. In reply employee had asked to allow him leave on LOP. He was absent for 5 days because train communication was hampered for 3 days. He reported office on 15th Jan & handed over all the assets & taken acknowledgement. Instead of replying to the leave approval mail in LOP, HR dept had send another letter to the employee asking reason & justification behind unauthorized absence.
Employee had given the reason & justification. Then his
From India, Hyderabad
NO. Because there is no need to terminate any employee as he/she is already leaving company/organization even when the procedure of the same (Handover) is already done.
Second, If you are talking about you that you were on leave without permission (as stated by you above), will certainly be treated as absent, and you cant asked them to allow you LEAVE while you already on "leave without permission"
The letter you have received by HR to joining them back immediately and the justification they have asked you about your leave are general action which comes under the work procedure of HR because you never gets permission of your seniors/boss/HR Manager for your leaves. No matter what time/days took you to reached your office, all will be calculated and you marked ABSENT from job and they did the same.
But in this, what i dont understand is why you are talking about TERMINATION as there I found nothing related to TERMINATION even after going through your complete query/question.
From India, Gurgaon
664Second, If you are talking about you that you were on leave without permission (as stated by you above), will certainly be treated as absent, and you cant asked them to allow you LEAVE while you already on "leave without permission"
The letter you have received by HR to joining them back immediately and the justification they have asked you about your leave are general action which comes under the work procedure of HR because you never gets permission of your seniors/boss/HR Manager for your leaves. No matter what time/days took you to reached your office, all will be calculated and you marked ABSENT from job and they did the same.
But in this, what i dont understand is why you are talking about TERMINATION as there I found nothing related to TERMINATION even after going through your complete query/question.
From India, Gurgaon
Mr.Abhimanyu
The last sentence in your post is incomplete and probably that holds the key to the issue. Even assuming that the employee( whether it is you or some one) has committing miscondcut of unauthorised absence, the company cannot terminate on the last day of his service in the company without conducting a domestic enquiry and the company creates evidence of the punitive nature of it's action.
B.Saikumar
Mumbai.
From India, Mumbai
The last sentence in your post is incomplete and probably that holds the key to the issue. Even assuming that the employee( whether it is you or some one) has committing miscondcut of unauthorised absence, the company cannot terminate on the last day of his service in the company without conducting a domestic enquiry and the company creates evidence of the punitive nature of it's action.
B.Saikumar
Mumbai.
From India, Mumbai
Hi
Let me right the case now in sort.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Regards
Abhimanyu
From India, Hyderabad
Let me right the case now in sort.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Regards
Abhimanyu
From India, Hyderabad
Mr.Abhimanyu
1) He cannot be terminated for the reasons already explianed by me in my previous post.
2) If he was on duty on 6th June, he cannot be terminated with back date.it is anamolous.
3) If he is a workman, he can pursue aremedy under Industrial Disputes Act.
4) it depends up on factors like whether your establishment is covered and whether the employee is covered by Payment of Wages Act or not etc.Howevr P.F and Gartuity etc need to be settled within 30 to 45 days.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
1) He cannot be terminated for the reasons already explianed by me in my previous post.
2) If he was on duty on 6th June, he cannot be terminated with back date.it is anamolous.
3) If he is a workman, he can pursue aremedy under Industrial Disputes Act.
4) it depends up on factors like whether your establishment is covered and whether the employee is covered by Payment of Wages Act or not etc.Howevr P.F and Gartuity etc need to be settled within 30 to 45 days.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Thanks Mr.Sasikumar for early response.
1. Though employee had handed over the data & asset to the company, Employer had issued him a termination letter.
2. The employee's last working day was 31st May(Mutually agreed, Mail communication is available). But employer had issued a termination letter on 1st June stating the termination of contract is effective from 31st May. Which was the last working day for the employee & all office operations were closed on the said date due to Bharat Bandh. Employee had handed over the assets on 30th May evening & taken the exit interview form which he send to corporate on 3rd June.
4. Employer had not paid the salary for the month of May to the employee.
The employee require relieving letter to join another company.
Pls suggest next course of action for which I will be highly obliged. This incident happened with my younger brother.
Regards
Abhimanyu
From India, Hyderabad
1. Though employee had handed over the data & asset to the company, Employer had issued him a termination letter.
2. The employee's last working day was 31st May(Mutually agreed, Mail communication is available). But employer had issued a termination letter on 1st June stating the termination of contract is effective from 31st May. Which was the last working day for the employee & all office operations were closed on the said date due to Bharat Bandh. Employee had handed over the assets on 30th May evening & taken the exit interview form which he send to corporate on 3rd June.
4. Employer had not paid the salary for the month of May to the employee.
The employee require relieving letter to join another company.
Pls suggest next course of action for which I will be highly obliged. This incident happened with my younger brother.
Regards
Abhimanyu
From India, Hyderabad
Since it is only a lapse of 7days from the last working day, the company must have undertaken the process of settling F&F or after reasonable time, follow up with HR and try to settle things amicably .
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Dear Mr.Sai, Pls suggest, Cant we do anything for the termination letter which is already issued?
From India, Hyderabad
From India, Hyderabad
Assuming that he was terminated for the misconduct of unauthorised absence(as inferred by the facts furnished), the company needs to conduct a domestic enquiry. If your brother falls under the workman category under Industrial Disputes Act, he can raise a dispute beore the Conciliation officer about his termination.However, aproper decison and advice can be given only on seeing papers coonected with the incident. You may therefore consult a specialist locally to ensure that such remedy is available to your brother under I.D Act.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Dear Friends,
From the various posts that I have read on this matter, I find that:
1. The concerned employee has acted in good faith even after submitting his resignation. He asked for leave for some days since he had some domestic problems, and his request was declined. However, the said employee went ahead with absenting himself from work assuming that his absence may be converted into leave after he returned. However this did not happen and he was marked ABSENT for the days he was away from work.
This is fine.
2. The employee completed the handing over formalities in good time and to the satisfaction of his superiors. This is a safe inference since he was even given an Exit Interview Form to fill in and mail to the concerned BOSS who sits in some other location. The employee does just that..he sincerely followed the instructions given to him, till the last.
3. Now, where is the question of Terminating his services.Even the thought of doing so, stinks!!! (pardon me for saying so). It is indeed a VERY POOR HR PRACTICE.
From the dates of the last working day of the employee and the date of sending the Termination order somehow do not jell. The employee's association with the Company got over on 31st May and the Termination order is dated 1st June. This in itself nullifies the management's action in terminating the services of the employee.
Simply put, how can you terminate the services of an employee who is no longer in your employment??
I can only say that the management's action is n VERY POOR TASTE!
The employee would be having his last laugh, after all!!!!
Cheers,
Vasant Nair
From India, Mumbai
From the various posts that I have read on this matter, I find that:
1. The concerned employee has acted in good faith even after submitting his resignation. He asked for leave for some days since he had some domestic problems, and his request was declined. However, the said employee went ahead with absenting himself from work assuming that his absence may be converted into leave after he returned. However this did not happen and he was marked ABSENT for the days he was away from work.
This is fine.
2. The employee completed the handing over formalities in good time and to the satisfaction of his superiors. This is a safe inference since he was even given an Exit Interview Form to fill in and mail to the concerned BOSS who sits in some other location. The employee does just that..he sincerely followed the instructions given to him, till the last.
3. Now, where is the question of Terminating his services.Even the thought of doing so, stinks!!! (pardon me for saying so). It is indeed a VERY POOR HR PRACTICE.
From the dates of the last working day of the employee and the date of sending the Termination order somehow do not jell. The employee's association with the Company got over on 31st May and the Termination order is dated 1st June. This in itself nullifies the management's action in terminating the services of the employee.
Simply put, how can you terminate the services of an employee who is no longer in your employment??
I can only say that the management's action is n VERY POOR TASTE!
The employee would be having his last laugh, after all!!!!
Cheers,
Vasant Nair
From India, Mumbai
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