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 until 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 the HR manager, what should I do? I can't force my GM, and I can't issue a termination letter without his permission. The employee is asking for a one-month salary as a notification period and all his dues. Will he be eligible to get benefits if we terminate someone?
From Saudi Arabia, Jeddah
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64My 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 until 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 the HR manager, what should I do? I can't force my GM, and I can't issue a termination letter without his permission. The employee is asking for a one-month salary as a notification period and all his dues. Will he be eligible to get benefits if we terminate someone?
From Saudi Arabia, Jeddah
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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 the labor laws of your country. A company is not someone's kingdom where employees can be treated as chattel at the authority's dispensation.
You are cleaved in two odds. Quietly tell the employee to submit an application to the Managing Director about his plight/situation. You need to expose the intemperateness of the GM to the higher authorities. Secondly, the sacked employee will get a channel of communication to express his grievance.
Thanks,
Dinesh Divekar
From India, Bangalore
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Your General Manager appears to be unprofessional. He should be sacked, and not the employee in question. You need to follow the labor laws of your country. A company is not someone's kingdom where employees can be treated as chattel at the authority's dispensation.
You are cleaved in two odds. Quietly tell the employee to submit an application to the Managing Director about his plight/situation. You need to expose the intemperateness of the GM to the higher authorities. Secondly, the sacked employee will get a channel of communication to express his grievance.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Kashif Mumtaz Ahmed,
First, check whether the said employee has completed 240 days. If he has completed them, you will have to give him 1 month's notice or salary in lieu, plus retrenchment compensation as per the ID Act.
Regards,
Dinesh Kumar
From India, New Delhi
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First, check whether the said employee has completed 240 days. If he has completed them, you will have to give him 1 month's notice or salary in lieu, plus retrenchment compensation as per the ID Act.
Regards,
Dinesh Kumar
From India, New Delhi
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Discuss with your MD first privately and then talk to the GM. Rules have to be followed. Verbally, nothing works. It has to be on paper. As an HR person, the GM is technically under you. The welfare of each employee is your concern, so exert your rights and authority.
From India, Mumbai
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From India, Mumbai
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Dear Kashif Mumtaz Ahmed,
Why don't you put this matter into the notice of higher authorities? You must share this with them. Show them the legal responsibilities of your organization. I believe this will resolve the matter.
From India, Ahmadabad
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Why don't you put this matter into the notice of higher authorities? You must share this with them. Show them the legal responsibilities of your organization. I believe this will resolve the matter.
From India, Ahmadabad
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It is important to give a letter in writing if you are terminating a person. According to me, you should go privately to your M.D., tell him about the scenario and about the behavior of your G.M., and give that employee justice by knowing why the G.M. is not providing a letter to the employee. Otherwise, ask that employee to reach the court because a written notice has to be given before 1 month of employee termination as per IR act.
From India, Haldwani
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From India, Haldwani
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If you are terminating the employee, you are supposed to give him a resignation letter with a gratuity of two months.
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From India, Mumbai
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My blogs on Java, Health Beauty Fitness:
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From India, Mumbai
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Dear Mr. Ahmad,
My question is, how would he become a General Manager (GM) and whether he belongs to your country or not. If he is from your country, he must know about some basic laws. Without this knowledge, he may not be able to take action against any employee under contract or on the company's payroll, even in a verbal statement. If not, he must adapt to the country and follow the rules as per the country's laws.
I don't think you can solve this issue even if you meet him personally. I would also like to know the reason behind his actions against the contracted employee. Is it a valid reason based on your knowledge?
Think and act smartly. Follow the country's laws and act accordingly.
Thank you.
Regards,
R V Chandrakumar
From India, Chennai
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My question is, how would he become a General Manager (GM) and whether he belongs to your country or not. If he is from your country, he must know about some basic laws. Without this knowledge, he may not be able to take action against any employee under contract or on the company's payroll, even in a verbal statement. If not, he must adapt to the country and follow the rules as per the country's laws.
I don't think you can solve this issue even if you meet him personally. I would also like to know the reason behind his actions against the contracted employee. Is it a valid reason based on your knowledge?
Think and act smartly. Follow the country's laws and act accordingly.
Thank you.
Regards,
R V Chandrakumar
From India, Chennai
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Hi,
I understand this happened in Saudi Arabia. Generally, people don't follow proper rules in the Gulf. They flout laws according to their convenience. The employee can approach the country's labor department, and only then will the company try to resolve the issue; otherwise, it is not an expat-friendly land. Therefore, you may advise the employee to take a legal stand by going to the Labor Department with his grievance. I hope you provided an appointment order to the employee upon appointment or sponsorship as per the local laws applicable. It is easier to talk in India than to resolve problems in the Gulf. If the employee doesn't have work, then he has to return to his country of origin. Since you have to find the proper local solution, remember that the solutions available in India may not be applicable in the Gulf.
Regards
From India, Bangalore
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I understand this happened in Saudi Arabia. Generally, people don't follow proper rules in the Gulf. They flout laws according to their convenience. The employee can approach the country's labor department, and only then will the company try to resolve the issue; otherwise, it is not an expat-friendly land. Therefore, you may advise the employee to take a legal stand by going to the Labor Department with his grievance. I hope you provided an appointment order to the employee upon appointment or sponsorship as per the local laws applicable. It is easier to talk in India than to resolve problems in the Gulf. If the employee doesn't have work, then he has to return to his country of origin. Since you have to find the proper local solution, remember that the solutions available in India may not be applicable in the Gulf.
Regards
From India, Bangalore
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I suggest that the employee should approach the Labour Court against such crooked managers as they must be taught a lesson. This manager is spilling his ego on the employee. If this employee has all documents and procedures in place, then he should drag the GM to court.
From India, Mumbai
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From India, Mumbai
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