Resignation Can't be turned into Termination if this has been happened it is sadden as far as notice period is concern if company have some issue then they can send recovery note to concern employee if this turned into termination then matter of judiciary.
thanks & regards,
from,
sumit kumar saxena
From India, Ghaziabad
252thanks & regards,
from,
sumit kumar saxena
From India, Ghaziabad
Very relevant and recurring topis for discussion. Having seen the replies fully, I can understand the forum is absolutely divided in their opinion.
I believe HR is a function representing Human Resources to the Management but often it is misunderstood and considered as other way around (representing Management). Compassion & empathy should be the way someone can win hearts but not by policing, authority & commanding. In this case, the alter-ego of HR Manager is visible clearly. It is very common for an employee to behave immaturely but I am surprised learning the HR Manager too was at his immature best. He neither showed compassion nor followed standard process.
Firstly either he can approve or disapprove the employee resignation 1st instance itself. If he disapproves, then there is a chance he can Terminate the employee. However, to go to that level, firstly a domestic inquiry along with proper hearing (with a facility for employee to call for 2nd inquiry) should happen. To complete the entire process, 45 days will anyway happen for the HR to Terminate the employee. Finally, HR Manager wins the long haul battle just to satisfy his ego by wasting so much office resources (time, material & money).
An issue which can be closed with just couple of phone calls or 1 to 2 direct discussions have transformed to this level. Whom to blame here?
From India, Hyderabad
I believe HR is a function representing Human Resources to the Management but often it is misunderstood and considered as other way around (representing Management). Compassion & empathy should be the way someone can win hearts but not by policing, authority & commanding. In this case, the alter-ego of HR Manager is visible clearly. It is very common for an employee to behave immaturely but I am surprised learning the HR Manager too was at his immature best. He neither showed compassion nor followed standard process.
Firstly either he can approve or disapprove the employee resignation 1st instance itself. If he disapproves, then there is a chance he can Terminate the employee. However, to go to that level, firstly a domestic inquiry along with proper hearing (with a facility for employee to call for 2nd inquiry) should happen. To complete the entire process, 45 days will anyway happen for the HR to Terminate the employee. Finally, HR Manager wins the long haul battle just to satisfy his ego by wasting so much office resources (time, material & money).
An issue which can be closed with just couple of phone calls or 1 to 2 direct discussions have transformed to this level. Whom to blame here?
From India, Hyderabad
Hello Everyone,
I have gone through the total replies and query at hand and I see many diversified views. Lets get to the Apex Law for the same i.e. Principle of Natural Justice. In the query at hand the medical problem with the employee is related to her eye. Eye is a very sensitive and very very essential organ of one's body.. I can assume from the Query that post a surgery she had some complications and by citing this instant reason she resigned.
Now coming to the various views.. I can safely assume that the job responsibility of the employee would involve using of her eye.. In such case if the HR had doubts that she is citing the fake reason the HR should have asked for the medical documents and get them verified from any doctor to clear the medical position, which is the best legal way also satisfying the Principle of Natural Justice. Because if her condition is really bad and you force her to serve the notice period and during that God forbid her vision gets effected adversely who shall be responsible.. Just keep yourself in her shoes and try to understand her situation..
I also understand that people many times exaggerate their actual condition but for that to know the true condition HR can always ask for medical opinion on basis of medical record..
One must be prudent and rational at the same time.. Be impartial and think from both persons perspective. HR's Job is not to follow each order of management blindly or to benefit the company on the cost of employee's health but to create balance between the management and employees.. We also know that at times Management asks HR to do things which are ethically wrong but one should atleast try to things which are right.. Kudos to person who posted this query .. atleast he wants to know what is right and what is not....
From India, New Delhi
I have gone through the total replies and query at hand and I see many diversified views. Lets get to the Apex Law for the same i.e. Principle of Natural Justice. In the query at hand the medical problem with the employee is related to her eye. Eye is a very sensitive and very very essential organ of one's body.. I can assume from the Query that post a surgery she had some complications and by citing this instant reason she resigned.
Now coming to the various views.. I can safely assume that the job responsibility of the employee would involve using of her eye.. In such case if the HR had doubts that she is citing the fake reason the HR should have asked for the medical documents and get them verified from any doctor to clear the medical position, which is the best legal way also satisfying the Principle of Natural Justice. Because if her condition is really bad and you force her to serve the notice period and during that God forbid her vision gets effected adversely who shall be responsible.. Just keep yourself in her shoes and try to understand her situation..
I also understand that people many times exaggerate their actual condition but for that to know the true condition HR can always ask for medical opinion on basis of medical record..
One must be prudent and rational at the same time.. Be impartial and think from both persons perspective. HR's Job is not to follow each order of management blindly or to benefit the company on the cost of employee's health but to create balance between the management and employees.. We also know that at times Management asks HR to do things which are ethically wrong but one should atleast try to things which are right.. Kudos to person who posted this query .. atleast he wants to know what is right and what is not....
From India, New Delhi
hi sir
This is swati. i was working in Japanese company since last 11 months. there was 6 months probation period. i have joined 23rd Nov 2016. In august 2017 my reporting boss went in Comma due to brain hammer-age, he is the Sr. Vice president of the company and very nice person. in September 2017 HR extended my probation period without any reason and said you know that your boss is in comma and he is the senior most guy in company so we can not decide anything. i accepted that letter but i objected the words which was written in that extended letter (your performance is not up to mark so we are extended probation.) on these words he explained it is our format so no worry about it, even my performance was good and my VP appreciated in written. In 25th oct 2017 they forced me to resign when i denied they terminated on spot without compensate now what should i do in this regard.
Regards
Swati Goyal
Asst. Manager
From India, New Delhi
This is swati. i was working in Japanese company since last 11 months. there was 6 months probation period. i have joined 23rd Nov 2016. In august 2017 my reporting boss went in Comma due to brain hammer-age, he is the Sr. Vice president of the company and very nice person. in September 2017 HR extended my probation period without any reason and said you know that your boss is in comma and he is the senior most guy in company so we can not decide anything. i accepted that letter but i objected the words which was written in that extended letter (your performance is not up to mark so we are extended probation.) on these words he explained it is our format so no worry about it, even my performance was good and my VP appreciated in written. In 25th oct 2017 they forced me to resign when i denied they terminated on spot without compensate now what should i do in this regard.
Regards
Swati Goyal
Asst. Manager
From India, New Delhi
Ms. Swati : You seems to have got into the problem, largely your own making. You were appointed in Sept'16 with six months probation. So it should have been over by 23 March'17. Nothing happened till Sept'17 with the boss in coma from Aug'17. Now, they probably decided to get rid of you and extended your probation. So the probation was extended, but how long? Now they seek your resignation and when refused gave termination letter. The law point in your favour is that when the probation is extended, performance review can be done only at the end of the extended period and not in between, unless there is a gross incident which I presume was not there. So you can make an issue but its efficacy in getting proper relief remains to be seen.
From India, Mumbai
From India, Mumbai
For Madam Swati, I would suggest that she write a carefully worded letter to the management about her professional performance which she claims is good and has been appreciated in writing.
She needs to bring out that she objected to the word professional performance was not good in discussion with HR Manager.
One must always remember what is put in writing has precedence over verbal assurances.
Who conducted performance review and what was documented about performance in professional work as HR?
Madam requires to move on to another job but insist upon 2 months compensation and favourable relief letter.
Actions of company appear to be incorrect and hurriedly done in absence of the VP who is unwell.
From India, Pune
She needs to bring out that she objected to the word professional performance was not good in discussion with HR Manager.
One must always remember what is put in writing has precedence over verbal assurances.
Who conducted performance review and what was documented about performance in professional work as HR?
Madam requires to move on to another job but insist upon 2 months compensation and favourable relief letter.
Actions of company appear to be incorrect and hurriedly done in absence of the VP who is unwell.
From India, Pune
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Termination-emp loyment_563.pdf
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Resignation cum relieving letter.doc