Dear Seniors,
Recently my colleague was asked to resign from the company by the MD. The reason was not explained to him. Professionally, he was doing very well in the organisation. The employee tried to ask the reason to which they just said behavioral issues and did not give any other detail in spite of asking and forced him to put his papers all of a sudden.
In the presence of other senior members, he was forced to hand write the resignation and give to the HR manager with the next days date.
The company's appointment letter has a clause of one month notice period either side as well as suspension clause and an inquiry clause in case of any grievance also. He is a confirmed employee and has completed one year and six months of service. The company is ISO 9001:2008 certified.
His email id was deactivated with immediate effect and an internal communication was immediately circulated among the other HOD's about his resignation without his consent or knowledge.
However, the acceptance of the resignation has not been given to him in writing till date and the exit interview along with clearance and other formalities was also not done with him.
The employee has decided to fight back against this and has withdrawn his resignation from the company in writing within one week of his resignation (4 working days) and has asked for his reporting date for resuming his work. There has been no response till now (2 days).
Requesting your kind inputs and suggestions on this case please, and in what way he should proceed ahead to safeguard his interests and get back his position in the company.
Thanks a lot for your valuable inputs
From India, Delhi
2Recently my colleague was asked to resign from the company by the MD. The reason was not explained to him. Professionally, he was doing very well in the organisation. The employee tried to ask the reason to which they just said behavioral issues and did not give any other detail in spite of asking and forced him to put his papers all of a sudden.
In the presence of other senior members, he was forced to hand write the resignation and give to the HR manager with the next days date.
The company's appointment letter has a clause of one month notice period either side as well as suspension clause and an inquiry clause in case of any grievance also. He is a confirmed employee and has completed one year and six months of service. The company is ISO 9001:2008 certified.
His email id was deactivated with immediate effect and an internal communication was immediately circulated among the other HOD's about his resignation without his consent or knowledge.
However, the acceptance of the resignation has not been given to him in writing till date and the exit interview along with clearance and other formalities was also not done with him.
The employee has decided to fight back against this and has withdrawn his resignation from the company in writing within one week of his resignation (4 working days) and has asked for his reporting date for resuming his work. There has been no response till now (2 days).
Requesting your kind inputs and suggestions on this case please, and in what way he should proceed ahead to safeguard his interests and get back his position in the company.
Thanks a lot for your valuable inputs
From India, Delhi
whether it is forced or voluntary, he has signed the resignation letter. Matter ends there. Pon
From India, Lucknow
From India, Lucknow
Dear Pon,
Thanks for your feedback. So if an employee submits a resignation he cannot take it back within the notice period or any such similar grounds. The SC ruling says that the employee can withdraw his resignation within the notice period.
Please advise
Thanks
From India, Delhi
Thanks for your feedback. So if an employee submits a resignation he cannot take it back within the notice period or any such similar grounds. The SC ruling says that the employee can withdraw his resignation within the notice period.
Please advise
Thanks
From India, Delhi
Dear Peon ji, I think what you are saying is not correct. The queriest also mentioned it. In one of the discussions in the past the SC ruling is quoted by me, what I recollect.
From India, Mumbai
From India, Mumbai
Mr.Korgaonkar is right,
Employee has all right to ask the reason why he has been asked for forcible resignation?
If company has not given any acknowledgement as an acceptance of his resignation, then He can still apply for rejoining.
Now its quite critical situation for company also & employee also because
Appointment order says if employee resigns he have to serve notice period But here he has not resigned willingly he was forced.
If company has forced him to resign then company have to give notice or pay in lieu of notice period. but here company has not given anything in writing saying that we don't want to continue your service on so and so grounds.
But I believe that No one should stay in any company where they not needed. for successor sky is a limit.
I suggest not to rejoin the company....................
Arun J.
From India, Hyderabad
Employee has all right to ask the reason why he has been asked for forcible resignation?
If company has not given any acknowledgement as an acceptance of his resignation, then He can still apply for rejoining.
Now its quite critical situation for company also & employee also because
Appointment order says if employee resigns he have to serve notice period But here he has not resigned willingly he was forced.
If company has forced him to resign then company have to give notice or pay in lieu of notice period. but here company has not given anything in writing saying that we don't want to continue your service on so and so grounds.
But I believe that No one should stay in any company where they not needed. for successor sky is a limit.
I suggest not to rejoin the company....................
Arun J.
From India, Hyderabad
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