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Legality Of Forced Resignation On Account Of Prolonged Leaves. - CiteHR

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thsf
Dear Sir,

             I am an ex-employee of a multinational insurence company where I had worked for four years (13 aug 2009 to 01 aug 2013) I was a  permanent employee, and recently I got promotion also but suddenly  on 16 july 2013 my super boss has taken froced resignation from me with two other co-worker as I was on leave for 40 days in the months of april and may 2013 for my father's treatment (he is fighting with prostate cancer) so my super boss said I am non productive and gave us early releaving .i.e. 01 Aug 2013 '' I had given a days notice i.e. 16 Aug 2013" same day I.e. 01 Aug 2013 I met to my regional HR as per her it is against the company 's policies and send me to my superime boss (Boss of my super Boss) but he said that he can't help me as its my super boss initiative. on 12th aug I have written a mail to upper level i.e. upto chief HR..then I got a call from my regional HR for a meeting on 20th aug 2013 I met to my reginol HR and his Boss(HR) but he said that retaintion is not possible as I am late. my super boss has a nature to take  frequent forced resignation.as per company's policies forced resignation is a crime..but as my super boss designation is big so no one is taking any action against him..please advice me what can I do. Is there any time limit for the same.?.

From India, Mumbai
Sreeram70
38

Sir, it is agreed that you have lost a job, and it is fact that you were on leave for your personal reason., now it is suggested to have a better search for a new opening., sir instead of fighting for a dead case it is better to spare this valuable time in searching for a more better than what you had.. hope this company where you have worked for 4 years have given you all the re leaving documents and there is nothing pending from both sides.. though i may sound raw, but you will have to accept that it is a fact. You may be having your own financial requirements and commitments to meet. More over your allegation is on a person who people call as BOSS why become more bad in his books.., forget the past and look at your future, because past is such a thing where you do not find anything new to grow or to understand, hence this proposal.
Regards
J Sri Ram

From India, Hyderabad
shah01ankita
377

For the 40 days' leave that you taken had you informed the HR and concerned person before hand?
Were the leaves taken all of a sudden?
If so were the concerned authorities informed over phone / mail / sms?
Do you have any proofs of your leaves being authenticated?
What is the leave policy of your company?
What is the termination policy of your company?
What makes you to say that the super boss is a habitual seeker of forced resignation?

From India, Mumbai
thsf
Dear Ankita,

Thanks for your valuable reply. My leave was pre approved by my boss and same super boss. Initially I asked for 15 days of leave but when its required extension I took permission over phone.

I haven't any proof for authentication of my leave but my regional HR has the same with her.

In company we have 28 days of prevelige and 15 days of sick leave. I took 27.5 days of PL and 10 days of leave without pay.

Termination and promotion both based on the performation of the employees and recently I.e. 01 Jun 2013 I got promotion by compliting my earlier target.

My super boss had invented a new kind of management technique where he took resignation from employees and then has given a target if employee complite his target resignation will be rejected and vise versa.

There are other managers but non of them practices these things.

Infact two employees who had resigned forcefully had complained to HR there resignation has taken back after HR's intervention but the same HR has rejected my appeal and said I got late and I should appeal before my relieving. After this incident my super boss has stoped those practices . As it was against the company's policies.

Here I am pasting that mail which I had written to my chief HR.

Dear Sir/Madam,

I am writing this mail in the capacity of an Ex- Employee of XYZ life Insurence Co. Ltd.

When I go back to 13 Aug 2009 when I joined this company I was totaly unknown to corporte world and its culture, No need to say that during last four years (up to 01 Aug 2013) I have learnt many things from this company and received huge support from seniors and colleagues,

I would like to express my sincere thanks to all my seniors and colleagues.

Sir, I know that life is full of ups and downs and definitely it is applicable to me also but in last December i.e Dec 2012, I recieved a shocking NEWS from my family (living in Bokaro, Jharkhand) that my father has cought by Prostate Cancer stage 2.

It became very pain full situation for me but somehow I was managing.

But in Apr 2013 doctor said that cancer is spreading and it is damaging the Kindney as well so its required immediate high level treatment, I went back to home for my father's treatment.

It took almost 40 days. I am very greatfull to my Boss(AM/BM) and super Boss(AVP) for approving my all leaves (27.5 days PL and 10 days LWP).

My goal sheet(Dec 2012 to May 2013) is there, facing all ups and downs I had succeed to complete my goalsheet.

I joined back on 2nd of june 2013 but I did not get any branch till 13th of the month,  meanwhile my reporting manager has sent me to my regional HR to commite that I will not ask for further leave, We (My regional HR and Me) discussed how I'll take my  father to Delhi for further treatment and all.

But suddenly on 16 july 2013 without any prior warning my super Boss has taken my resignation forcefully  with two other frontline manager and gave early releaving i.e. 01/08/2013 as per him I was non productive.

Sir, if I was not there how my productivity has judged? Is it fair?

I had completed my previous 6 months goalsheet(01/12/2012 to 01/05/2013) in 3 months only and got promoted. PACE had updated with my new designation just two days back of my releaving date.

Getting promotion is a big thing for an employee he fill with happiness and enthusiasm but this is not for me there, My all hard work has gone in vain.

I read somewhere that company will be with its employee, during employee's hard time...???

The support of the company was very big for me as I was getting a big help in my father's treatmemt from company's mediclaim, which is going to close.

Last branc which I was handling from 14 jun 2013 is very small branch,Sir, branch was on zero pickup in Apr 2013, 2 pickups, worth 80k in May 2013,even in june, up to 14th branch was on only one pickup worth 50k. During my one month (14 June 2013 to 16 July 2013) I did 8 cases worth 3 Lac+ other 3 cases were waiting for fund which might be logged in 1st week of August.

I know it was not enough for my designation but branch capablity should be also consider during any judgment.

   After My releaving (last 10 days) I appealed to Evey possible person/s here but it did not work.

 Sir  Every month we get mail/case study, quiz..etc regarding HR Policies of the company which shows that company maintain a high level of HR rules, regulation and policies to protect employee's intreast..?

      Sir, So I request you,kindly reconsider the matter and if possible please give me a chance to serve the company.

     

Thanks and Regards

Amitabh

Emp id:

From India, Mumbai
shah01ankita
377

Amitabh,
You were forced to resign on 16th July
You were relieved on 1st Aug
So why didn't you complain in the 15 day's time frame that you were in the office?
In a way your HR is right. You should have raised the concern while there was time. Once you are relieved how will your complains matter?
Again the other two people were asked to forcefully resign with you only. So when they went and complained, why didn't you join in?
If you were unaware of their plan, ideally you should have raised a concern while still on job.
There's little that can be done. Only if some experienced senior can share what can be done.

From India, Mumbai
fc.vadodara@nidrahotels.com
733

This is unprofessionalism/unethical from your employer's side, but it is too late. Hence it is advisable to look for a alternate job or if you have enough time and money to spend then file a legal suit against the company.
From India, Ahmadabad
tajsateesh
1641

Hello Amitabh,

While your case DOES seem to have solid base to argue with the Company, the fact that you approached AFTER getting relieved seems to have muddled-up the issue w.r.t. the HR.

However, I think there's something MORE TO THIS than you mentioned [in all probability, you may not even be aware of it]. IF your HR REALLY WANTS to reverse the injustice done to you, I am sure they can find ways to do it [like making you a fresh Offer with the SAME terms as your last terms that ended on 1 Aug].

Coming to 'what to do now'--I suggest you take J Sri Ram's suggestion & get moving in your career & life. YOU need to figure-out what is MORE IMPORTANT to you now: to fight-back OR find another job ASAP to support your family. You already have all the Relieving & Experience Letters I guess--that you will need to produce in the next job.

One advantage you will surely have over other candidates--for whichever job you apply--is that you can join ASAP, while the others will surely have to serve their Notice Periods. Looking @ it from a hiring Company's perspective, this is surely a Major Plus in your favor.

All the Best.

Rgds,

TS

From India, Hyderabad
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