Corporate Training, Erp, Six Sigma, Finance
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Security & Admin
It is not possible to fire or terminate any employee without justified reasons. The management has to substantiate the reasons of termination with documented proof. Talk to your GM and ask the proof to be shown and then collaborated with evidence to stand on the claims.
It does not matter if you are in the company for two years or more, what matters is how you have being as an employee on all aspects.
Talk to the front office employee and find out if there is any thing she has aginst you and clear it up. Talk to your GM and show her the truth, speak up.
Hope this helps.
25th June 2010 From India
It hardly matters that how long you are working with the organization,but of course the status and standard of the organization.
At this present situation if you put your resignation means you have committed the mistake.
Second thing is that if you have sent a SMS to front office female ,then there is no harm until and unless the content of your sms is slang ,illicit,abuse.
Take the support of your colleague with whom you are working for the last two years,and try to resolve the issue in front of every one.
Ask the GM and that female to prove that the same has been sent from your mobile.
Even you can talk to your lawyer for taking legal action to that female.
After resolving everything, you put your resignation mentioning the reason in writing that because of the reason you have decided to resign the organization.
but of course if you have done any wrong (that you know better than anybody) please coolly quit
26th June 2010 From India, New Delhi
Under the circumstances cited by you, I would sincerely and strongly suggest that you start looking for a suitable position elsewhere.
Do not worry whether the accusation needs to be proved or not. As a Senior Executive, you do not have any protection by Labour laws, as is the case with workers.
In India, it is still an "employers' market" and there are companies of all hues and shades, where the writ of the management runs large.
If the management has made up its mind, then at best you can get your notice pay. In "at will" employment, it is at the "pleasure of the management".
I am sorry if you feel hurt, but it is more important to understand where you stand and what should be the best possible options open for you.
26th June 2010 From India, Delhi
I am not at agree with what Mr. Raj Kumar has said. ( I am sorry Mr. Kumar ) but still some justice is there and more over I am agree that being Sr. Executive HR he can't go to labour court. but still the management can't throw him out just saying that he had sms some female worker.
Mr. Prabakar I strongly saying pls don't resign at all, just wait for action to be taken from GM side and in the mean time pls search for an other opportunity ( service ) as now bitterness is there hence you can't work inspite of that the matter got resolved.
26th June 2010 From India, Bangalore
26th June 2010 From India, Rajsamand
Raj has described your plight in a very succint manner.
If the management has made up its mind, then you really do not have much choice. At best you may try (in vain????) and convince the GM about your innocence. It may just work or it may prove to be an exercise in futility.
Since you are not protected by Labour Laws, you are in a very vulnerable situation. Even if you qualified as a "Workman" under the ID Act, it may not be a very wise decision to go to court. You might just jeopardize your scope for future employment. Today's environment is not very receptive to such "trouble makers".
So like Raj has suggested and very wisely at that...Look around and find a new job and quickly. Then put in your papers and leave gracefully.
26th June 2010 From India, Mumbai
A simple question-"any sms legally can be a point of terminating a senior HR employee?" Suppose, the complainer herself has SMSed, in his absence from his mobile,then?
Yes, the stay will not be enjoyable.But why the senior will resign?Firstly, a lot of financial losses the executive has to bear.Secondly, it will remain as bad precedence.Lastly, this incidence that he has resigned(means admitting) may also travel to his new company.
In my opinion,he should clarify and take a clean-chit(certificate)from GM with all his dues,before he departs his present company.
27th June 2010 From India, Calcutta
"A WINNER NEVER QUITS AND A QUITTER NEVER WINS"
Touch ur heart and check whether u made a mistake
if u did walk up to the girl who is a new employee and apologise and dont do it again
if u have done no mistake FIGHT IT OUT
U WILL WIN
27th June 2010 From India, Indore
Thanks for your suggestions; and support (@ Mr. Vasant Nair).
I am not suggesting that Mr. Prabakar should not fight against the injustice, or submit his resignation.
All I am suggesting is that he must have an alternative plan - Plan B - to safeguard his interests; looking into the irrational and prejudiced intent of the management.
We all know of cases (and read victim's stories in CiteHR) wherein employment in certain private companies having dubious employee policies, depend on the whims and fancies of the management.
If he starts looking for another option right-away, he will be in a better position to withstand such atrocious, random action by his management and prevent any financial sufferings and hardships to himself and his family.
28th June 2010 From India, Delhi
28th June 2010 From India, New Delhi