Mustafa.mazumdar
Corporate Training, Erp, Six Sigma, Finance
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Saibalsecurity
Security & Admin
+5 Others

Thread Started by #prabakar64

Hi to All,
I am location HR Head (Sr Exec) forcibly trapped against sms to front office female, on vengence basis without any proof and believed by location GM. She joined only two weeks ago. I am here for 2 yrs. GM forces me to put resignation. I denied. Is there any possible to terminate me without any prior showcause notice.
Kindly advice.
PRABAKAR C
24th June 2010 From India, Mumbai
Hi Prabakar,
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
See man,
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
My dear Prabakar
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.
Warm regards.
26th June 2010 From India, Delhi
Hi
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.
Regrds
Rajiv
26th June 2010 From India, Bangalore
Hi, I'm of the view that such issues be discussed in line with the companys code of conduct. I believe that you are of the view that the female employee is out there to settle scores and bring you down. Although the contents of the sms is till not disclosed , i take it that it was unpleasant to the ladies hence souring up your future relationship with your new boss because she has already offered advise to you to resign which means she is strongly agreable that it is unacceptable for a senior person to do that. Call for a grievance meeting and try to resolve the issue because resigning is admission of gulty on your party and this record will go with you and affect your career. Remember the act provides that either party can terminate the contract by giving the other party sufficient reasons, so it can work either way.
26th June 2010 From India, Rajsamand
Dear Prabhakar,
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.
Best Wishes,
Vasant Nair
Director
Karma-HR
26th June 2010 From India, Mumbai
Dear All,
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.
Regards!
=Lahiri,Kolkata.
27th June 2010 From India, Calcutta
dear PRABHAKAR

"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
blessings
dr ram
27th June 2010 From India, Indore
Dear friends
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.
Warm regards.
28th June 2010 From India, Delhi
Lets get used to this new work game... and get used to sharpen our skills in excelling in domestic household work like cooking, washing, sweeping, brooming as at any point of time our glorious career can be brought down crasing by a female in work place. lets accept the fact, adjust suitably or look for alternatives as mentioned above.
28th June 2010 From India, New Delhi
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