Dear Seniors,
My friend is working as an Executive HR in an Indian company (Manufacturing group). On the evening of 18th March, the HR Manager informed her not to come to the office from the next day. Nothing has been provided to her in writing, and no reason has been communicated to her. She has been continuously trying to contact the management by phone, but everyone is avoiding her. No warnings were given to her earlier. The management is pressuring her to resign, and only after that, they will talk to her.
The management informed her that her salary will only be transferred when she submits her resignation.
Please guide. Awaiting your early response.
From India, Delhi
Acknowledge(0)
Amend(0)
2My friend is working as an Executive HR in an Indian company (Manufacturing group). On the evening of 18th March, the HR Manager informed her not to come to the office from the next day. Nothing has been provided to her in writing, and no reason has been communicated to her. She has been continuously trying to contact the management by phone, but everyone is avoiding her. No warnings were given to her earlier. The management is pressuring her to resign, and only after that, they will talk to her.
The management informed her that her salary will only be transferred when she submits her resignation.
Please guide. Awaiting your early response.
From India, Delhi
Acknowledge(0)Amend(0)
Dear Priyanka,
Similar practices are being followed by many small companies. Although this type of behavior is totally unethical, I would like to suggest resigning with a proper notice period as per the terms of employment and getting away from such a bad company. In fact, these types of companies and management do not value hardworking, honest, or deserving candidates, nor do they believe in maintaining good professional relationships during or after an employee's tenure with the company.
Regards,
Prabhat
From India, Mumbai
Acknowledge(0)Amend(0)
Similar practices are being followed by many small companies. Although this type of behavior is totally unethical, I would like to suggest resigning with a proper notice period as per the terms of employment and getting away from such a bad company. In fact, these types of companies and management do not value hardworking, honest, or deserving candidates, nor do they believe in maintaining good professional relationships during or after an employee's tenure with the company.
Regards,
Prabhat
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Prabhat,
To quote your conclusion -
> In fact, these types of companies and management do not require hardworking, honest, deserving candidates. Neither do they believe in maintaining a good professional relationship during and after the employee's tenure with the company.
To be very honest, I do not approve of what the HR of the said firm did. But to share knowledge, I would like to mention that there are different reasons why a company would force employees to resign, such as:
1. They may think the person is not contributing much and even after giving several hints and warnings, they do not improve. In such cases, a company may be doing good for the person by not terminating them but asking for resignation instead, so that their future employment image is not tarnished by the word "TERMINATED."
2. The company may be running at a loss and cannot manage the workforce. They not only have to reduce the manpower but also decide on the continuation of operations.
These are the two scenarios 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 of the story. We do not know the whole story from the employee's side as well.
How can we conclude whether or not what the company did was fair?
From India, Mumbai
Acknowledge(0)Amend(0)
To quote your conclusion -
> In fact, these types of companies and management do not require hardworking, honest, deserving candidates. Neither do they believe in maintaining a good professional relationship during and after the employee's tenure with the company.
To be very honest, I do not approve of what the HR of the said firm did. But to share knowledge, I would like to mention that there are different reasons why a company would force employees to resign, such as:
1. They may think the person is not contributing much and even after giving several hints and warnings, they do not improve. In such cases, a company may be doing good for the person by not terminating them but asking for resignation instead, so that their future employment image is not tarnished by the word "TERMINATED."
2. The company may be running at a loss and cannot manage the workforce. They not only have to reduce the manpower but also decide on the continuation of operations.
These are the two scenarios 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 of the story. We do not know the whole story from the employee's side as well.
How can we conclude whether or not what the company did was fair?
From India, Mumbai
Acknowledge(0)Amend(0)
Priyanka,
The company management 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 pestering them for divulging the reason and pursuing a confronting option. It is said that discretion is the better part of valor. However, she shall make sure that she gets the relieving letter.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
The company management 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 pestering them for divulging the reason and pursuing a confronting option. It is said that discretion is the better part of valor. However, she shall make sure that she gets the relieving letter.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
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 and effort. Let her put it to better use. However, I suggest more precaution on the part of your friend. Suggest to her to inform the company that she will exchange her resignation for the salary check and relieving/experience letter. If you go through some of the threads in CiteHR, you will notice many companies playing delaying tactics once they receive the resignation.
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
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 and effort. Let her put it to better use. However, I suggest more precaution on the part of your friend. Suggest to her to inform the company that she will exchange her resignation for the salary check and relieving/experience letter. If you go through some of the threads in CiteHR, you will notice many companies playing delaying tactics once they receive the resignation.
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Priyanka,
I do not agree with the 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 up to 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 labor commissioner so that the company may learn a lesson or two!
S.K. Limaye/MBA
From India, New Delhi
Acknowledge(0)Amend(0)
I do not agree with the 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 up to 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 labor commissioner so that the company may learn a lesson or two!
S.K. Limaye/MBA
From India, New Delhi
Acknowledge(0)Amend(0)
While appreciating the views expressed by learned members M/S Prabat, Ankita, Saikumar, and Tajsateesh based on practical wisdom, I would like to ask a question, particularly to Ms. Sankita Shah: Why is this type of culture more prevalent in companies engaged in IT and IT-related industries? I don't mean to say such a practice is not at all in vogue in other sectors; of course, there are many instances. In other sectors, trade unions still serve as a preventive check against such unethical practices; but in the IT sector, for better or worse, unionization is not possible. As suggested by Ankita, the incumbent might not have been up to the standard in terms of work contribution, and the best efforts for improvement taken by the management proved to be futile. With no other option, they might have come to this hard decision.
In my personal view, it opens Pandora's box! Termination of services is an economic death sentence awarded to an employee, and such an ignominious end to his career will make him ruthless and impervious in his personal transactions with others, notwithstanding the numerous job opportunities elsewhere. What's the guarantee the Company will give a positive feedback in case of a referral? Is the Company's process of recruitment and training defective?
From India, Salem
Acknowledge(0)Amend(0)
In my personal view, it opens Pandora's box! Termination of services is an economic death sentence awarded to an employee, and such an ignominious end to his career will make him ruthless and impervious in his personal transactions with others, notwithstanding the numerous job opportunities elsewhere. What's the guarantee the Company will give a positive feedback in case of a referral? Is the Company's process of recruitment and training defective?
From India, Salem
Acknowledge(0)Amend(0)
I have not seen any substance in the suggestion that the aggrieved employee shall complain to the Labour Commissioner after resigning from the job and negotiating a peaceful exit for the following reasons.
1) The employee concerned is an HR Executive and hence not a workman to complain to the Labour Commissioner about any matter concerning her to invoke his jurisdiction.
2) Assuming that she succeeds to prove that she is a workman, there cannot be any dispute about her cessation of the job as the same has been brought about by her resignation but not by the employer's arbitrary termination and hence in all probability the complaint will not be taken cognizance of.
3) If she resorts to such action after resigning, thinking that it is her turn now to embarrass the company, it may invite reprisals from the ex-employer who may send some negative feedback to her current employer to embarrass 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 interests of both, more so those of the employee.
B. Saikumar
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
1) The employee concerned is an HR Executive and hence not a workman to complain to the Labour Commissioner about any matter concerning her to invoke his jurisdiction.
2) Assuming that she succeeds to prove that she is a workman, there cannot be any dispute about her cessation of the job as the same has been brought about by her resignation but not by the employer's arbitrary termination and hence in all probability the complaint will not be taken cognizance of.
3) If she resorts to such action after resigning, thinking that it is her turn now to embarrass the company, it may invite reprisals from the ex-employer who may send some negative feedback to her current employer to embarrass 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 interests of both, more so those of the employee.
B. Saikumar
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
I am awaiting Ankita's reply to Mr. Umkanthan's query as this question is nagging me as well. Yes, as observed by Mr. Umakanthan, all these unethical practices like collecting educational certificates are found to be prevailing in the IT sector. Maybe attrition is one problem.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf