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swatisharma2502
Hi frns…

One of my friend is working with an ITES company as a BPO executive. Tz month he resigns from the org due to further studies, and mgt accept his resignation. But mgt ask him to serve notice period of one month. Before giving resignation he used to come in day shift, but now it’s not possible for him bz he have to attain college also, so he said to mgt that he will come in night shift in this month (notice period). But mgt denied this and said you have to come in day shift only. The next day of this conversation he came in evening without prior information. So on the same day he got a termination mail from the mgt. and the reason was behave.

Do you think there is any kind of misbehave?

And he didn’t sign any kind of bond with the company. So according to you if company takes this step (termination) would be right. And the employee is terminating than would action he could take for his safety.

waiting for your reply.....:(

From India, Mumbai
Balaji Kuppuswamy
4

Hi,
If the term is probation given through letter or in written communication, then the company can terminate him during probation period, if it is specifically given in the appt / offer letter.
Otherwise, they could do so only with a months' salary and intimation.
They cannot simply terminate, without any written or formal communication to the employee.
this is what i feel.
kb

From India, Madras
Divya Chandarana
9

Hi Swathi,
Your friend should have informed the company in advance abt resignation because he was aware of the details of his collage timings.Today all of them are aware of fact that the notice period has to be served by an employee before his resignation,which should have been considered by him earlier.The employee cannot serve his notice period at his own convenience,it has to be in accordance with the requirements of the Company.Hence the company has the right to not only terminate the employee but also hold his salary in lieu of the notice period.

From India, Madras
Awvik
10

Dear Swati,

Whether you like it or not but this is what you call a clear case of management muscle flexing. If the management wants they can easily accommodate the person by giving him evening or night shift but they won't do that. They purposely harass the employee as a result of which the employee does exactly what the management was expecting him to do and the result has led to he being shown the door.
Now the question arises as to why the management would behave in such a way?
Well the answer is very simple -- save the salary of the last month and if possible get him to pay the notice period money in turn, in case he leaves by not serving the same.
Best advice would be to keep shut and forget the matter.There is no respite for the employee is such an issue.
Another option is to pay the notice money and somehow convince the management to withdraw their termination and show it as a normal resignation procedure. This way he can get a relieving as well as experience letter which will be of help to him in future.

Regards

From India, New Delhi
swatisharma2502
Dear Divya.... He already informed company it means this month he was ready to go office but in night shift......
From India, Mumbai
priyaranganathan
41

Hi Swathi,
Kindly take a look at his offer letter, it would clearly state that the person should be available to work in shifts and this is applicable while he serves the notice period. So in this case, though an employee requests, If the Mngmnt feels that they could not accomodate him in the night shift, he should be willing to work in the day shift. Employee cannot work in his said timings, its the managment that could decide on that.
And as you have mentioned the very next day of his coming to work in the evening He had been terminated, In this case better check the termination process and check if "absentism" comes under major mis-conduct, if so check the process else, ask your friend to go and meet the HR and explain his position and he could probably make a written request that he could continue working in the night shift, if there is any possibility.
Regards,
Priya

From India, Madras
gaggan_sahni
3

Yes, this behaviour tanamounts to disobedience and not carrying the task / instructions as per his work area. Since he is a morning shift guy and without having instruction to work in the night shift he has infact violated the norms of the office as without having proper authorisation and permission from his senior why did he attended the office in the evening this is a clear misconduct on his part as such office is liable to take an action as they deemed fit or as per the clause of their appointment letter.
From United Kingdom
abhi16march
72

terminating that empls is the right decision from the management,its the breaching of the company rules...why everytime company will think about others benefit only..if that empls are shifted in day shift ....he has to follow....must be there is some objective behind posting him in day shift.....and yes,this is the one kind of serious misbehave............
From India, Pune
malikjs
167

dear swati
this is the problem of your friend.it is not his choice to work as per his will.it is management choice to decide the shift.
of course management can not stateway terminate his services.
regards
j s malik

From India, Delhi
rai.ambi
Hi, Your friend should play his cards well. He can’t have his bread and eat it also... Wise enough would be to pay the notice pay and take the experience certificates.
From India, Guwahati
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