Hello everyone,
I am Archana,working as an HR Executive in stock broking company.
I just want your advice on below mention matter.
My brother is working as a regional head sales in a stock broking company. On the basis of non perfomance his company marked him as resign without giving him any notice period. Although it's mention in his appointment letter that management can terminate his services after giving him 1 month notice period and management will pay him for his notice period(Basic+HRA).
The company marked him resign on 25th of last month because of this his salary of April month and his whole incentive has been hold by the management and they refused to pay his incentive at any cost.
Now the management saying him to submit resignation from his side after that they will sign his full & final settelment and clearance form otherwise they will issue a Termination letter against him, which will spoile his whole careear.
Without giving any resignation by employee's side can a company do this???????
As an HR person i just want to know that is this right from the company's side?????????
In this situation what should he do???????
As a sister as well as i am working in Hr i just want to help him out to this problem.
Pls advice me how can i help him???????
It's urgent.
pls help me
Regards,
Archana
From India, Delhi
13I am Archana,working as an HR Executive in stock broking company.
I just want your advice on below mention matter.
My brother is working as a regional head sales in a stock broking company. On the basis of non perfomance his company marked him as resign without giving him any notice period. Although it's mention in his appointment letter that management can terminate his services after giving him 1 month notice period and management will pay him for his notice period(Basic+HRA).
The company marked him resign on 25th of last month because of this his salary of April month and his whole incentive has been hold by the management and they refused to pay his incentive at any cost.
Now the management saying him to submit resignation from his side after that they will sign his full & final settelment and clearance form otherwise they will issue a Termination letter against him, which will spoile his whole careear.
Without giving any resignation by employee's side can a company do this???????
As an HR person i just want to know that is this right from the company's side?????????
In this situation what should he do???????
As a sister as well as i am working in Hr i just want to help him out to this problem.
Pls advice me how can i help him???????
It's urgent.
pls help me
Regards,
Archana
From India, Delhi
Hi all,
I am working as a HR in an animation company.In my office an employee resigned on April 25th,he is serving a notice period of 1 month.So he will be with us till may 25th.As per our co rule,if a person works aftr 11 pm we will give com off to them.He also worked on april 30 till 11:45pm.can i give com off to him.But he is not supposed to take leav during notice period.if i give comoff ,is it of any use.
As all you are experienced,looking for a fast reply
thanks in advance
Sindhu
From India, Bangalore
I am working as a HR in an animation company.In my office an employee resigned on April 25th,he is serving a notice period of 1 month.So he will be with us till may 25th.As per our co rule,if a person works aftr 11 pm we will give com off to them.He also worked on april 30 till 11:45pm.can i give com off to him.But he is not supposed to take leav during notice period.if i give comoff ,is it of any use.
As all you are experienced,looking for a fast reply
thanks in advance
Sindhu
From India, Bangalore
hi Good day to u!
May be your Brother did somting worng, otherwise it will not happend like that, may be managment alredy issues the warring letter , adviore letter to him, thats why they are asking for resigntion.
From United Arab Emirates, Dubai
May be your Brother did somting worng, otherwise it will not happend like that, may be managment alredy issues the warring letter , adviore letter to him, thats why they are asking for resigntion.
From United Arab Emirates, Dubai
Hi,
No it's nothing like that. my brother didn't do anything wrong.
On the basis of nonperfomance first a company should issue a warning letter but they didn't issue the same which i already mention in my previous message.
There is no warning letter,no notice period issue by company's side.
Pls suggest what should my brother do in this situation.
pls.........
Is this right that company has hold his salary and incentive??????
Is there any legal way to solve this????????
Waiting for the positive response.
Regards,
Archana
From India, Delhi
No it's nothing like that. my brother didn't do anything wrong.
On the basis of nonperfomance first a company should issue a warning letter but they didn't issue the same which i already mention in my previous message.
There is no warning letter,no notice period issue by company's side.
Pls suggest what should my brother do in this situation.
pls.........
Is this right that company has hold his salary and incentive??????
Is there any legal way to solve this????????
Waiting for the positive response.
Regards,
Archana
From India, Delhi
Dear Archana,
In that case, employee can complain the same in Labour Welfare Association or can go to the court, if the company is doing like that,
Without any valid reason no company can terminate the employee.
From India, Gurgaon
In that case, employee can complain the same in Labour Welfare Association or can go to the court, if the company is doing like that,
Without any valid reason no company can terminate the employee.
From India, Gurgaon
Hi Archana,
Firstly, as an HR person keep in ur mind that no company can terminate an employee on the basis of his non-performance.An employee can be terminated only on the grounds of Integrity issues.
In ur brother's issue the company wants to get rid of ur brother as he is not performing well. They cannot terminate him which is against law. So they are threatining him thet they would terminate him if he does not give the resignation letter.
So, if ur brother is attending the office regulary nobody can terminate him. The superiors are just threatning him to take the resignation letter.
Ask ur brother eithet to give notice period or else he can resign. If he resigns without notice period he is not entitled for certain benefits.
If there is any undue pressure despite giving the notice period u can approach the labour commissioner directly.
Any doubts pls do write
Regards,
Sujan
From Australia, Parramatta
Firstly, as an HR person keep in ur mind that no company can terminate an employee on the basis of his non-performance.An employee can be terminated only on the grounds of Integrity issues.
In ur brother's issue the company wants to get rid of ur brother as he is not performing well. They cannot terminate him which is against law. So they are threatining him thet they would terminate him if he does not give the resignation letter.
So, if ur brother is attending the office regulary nobody can terminate him. The superiors are just threatning him to take the resignation letter.
Ask ur brother eithet to give notice period or else he can resign. If he resigns without notice period he is not entitled for certain benefits.
If there is any undue pressure despite giving the notice period u can approach the labour commissioner directly.
Any doubts pls do write
Regards,
Sujan
From Australia, Parramatta
Hi,
Your brother is facing issues like many others face in their career. These are examples of BAD and UNETHICAL HR practices. If HR guy in that company tells the management, what we are doing is unlawful and unethical and I will not do it. Situation will be different. In many cases HR guys do not use their own brain and start dancing to the tunes of management. Be it legal or illegal, they are hand in glove with the management always.
For your brother, ask him to look for a new job immediately. He should ask company to pay him the notice salary as well. Paying salary is not management stuff, it is is duty of HR to relive a person smoothely and clear his all dues.
I hope it helps.
From India, Ghaziabad
Your brother is facing issues like many others face in their career. These are examples of BAD and UNETHICAL HR practices. If HR guy in that company tells the management, what we are doing is unlawful and unethical and I will not do it. Situation will be different. In many cases HR guys do not use their own brain and start dancing to the tunes of management. Be it legal or illegal, they are hand in glove with the management always.
For your brother, ask him to look for a new job immediately. He should ask company to pay him the notice salary as well. Paying salary is not management stuff, it is is duty of HR to relive a person smoothely and clear his all dues.
I hope it helps.
From India, Ghaziabad
Dear Archana,
As you told earlier that your brother is Regional Head- Sales, so he can't get relief from Regional Labour Commissioner or Labour Court as he does not come under "Worker" definition. He should ask his management to pay One Month Notice and other dues immediately and should resign although it is unethical or Bad HR practice.
They can terminate him as he is not "workman". At the time of termination they are bound to pay one month notice and your brother can get relief only from Civil Court which time consuming excercise. He can't get immediate relief from High Court as Stock Broking company is Private Company.
In view of above let him decide only.
Thanks & Regards
From India, Lucknow
As you told earlier that your brother is Regional Head- Sales, so he can't get relief from Regional Labour Commissioner or Labour Court as he does not come under "Worker" definition. He should ask his management to pay One Month Notice and other dues immediately and should resign although it is unethical or Bad HR practice.
They can terminate him as he is not "workman". At the time of termination they are bound to pay one month notice and your brother can get relief only from Civil Court which time consuming excercise. He can't get immediate relief from High Court as Stock Broking company is Private Company.
In view of above let him decide only.
Thanks & Regards
From India, Lucknow
Dear Archana,
First be clear with your brother, did he signed any agreement with the company, If yes please read that agreement carefully, Under any clause the employer would have mentioned the procedure for termination. Is your brother is a conformed employee or he is serving his probation period. If he is serving his probation, then the employer has all right to terminate an employee on the ground of non-performance.
From India, Madras
First be clear with your brother, did he signed any agreement with the company, If yes please read that agreement carefully, Under any clause the employer would have mentioned the procedure for termination. Is your brother is a conformed employee or he is serving his probation period. If he is serving his probation, then the employer has all right to terminate an employee on the ground of non-performance.
From India, Madras
Hi,
Hope you have got quite a good suggestions, if not yet satisfied, please send me a scan copy of the appointment letter. I ensure you that, if I find any possibility to take up this issue, will definetely help you out.
As per the best of my information that there can be such ways:
1. If company is maintaining the standard of documentation, (Required for ISO Audits), it may not be possible to go against the company as company mentioned all such things which goes in favour of Company; and
1. If such things are not followed there may be lot's chances to scratch the head of Employer.
I would like to go through the rules and regulations and Terms and Condition of Employment.
Best Regards
Deepak Dwivedi
From China
Hope you have got quite a good suggestions, if not yet satisfied, please send me a scan copy of the appointment letter. I ensure you that, if I find any possibility to take up this issue, will definetely help you out.
As per the best of my information that there can be such ways:
1. If company is maintaining the standard of documentation, (Required for ISO Audits), it may not be possible to go against the company as company mentioned all such things which goes in favour of Company; and
1. If such things are not followed there may be lot's chances to scratch the head of Employer.
I would like to go through the rules and regulations and Terms and Condition of Employment.
Best Regards
Deepak Dwivedi
From China
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