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Gianim23
95

Hello :
I feel you should have clearly asked for the reasons for termination of your services before submitting your resignation. This enables you also to understand your performance gaps (if any) or any other reason which may have triggered the company's decision to discontinue your services. Anyhow there is nothing much which can be done at this point but in case you happen to visit your previous organisation to collect your experience letter etc. then if possible you should meet some senior management person and talk to them openly. Inform them that though you have choosen to resign and move on but you are keen to understand the exact reason why the company had initiated this step. The reason given to you by HR is a very general statement but one can demand for specifics and there is nothing wrong about it. You are a Senior Manager and I am sure you are aware how to handle such kind of meeting.
All the best.
- Gia

From India, Pune
umeshmu
1

Can anybody suggest me if this type of incident happend then what is the legal provision should be takes toward the employer?
From India
mishramadhusudan
5

Dear All

Above incident is not new, this is the basic difference in Private Company and Government Company . Most of the Factory or Firm Owner understand them salves as a Malik of their employee till they not faced legal offense. I am working in a Manufacturing Company here Management has taken resignation from some employees forcefully without reason, they had no option besides to give resignation because HR told them if they want One Month Salary with leave encashment as a full and final payment they will have to give resign without objection. Illfated employee has no option to do as HR told, atleast they got one month salary. But employee lost their 15% of the salary which was deducted in the name of variable pay (Performance based payment) and Gratuity amount as some of them going to complete 5 years. If their final payment made as per their CTC( with variable pay) they got more amount. Most of the private company not honest but they want work honestly from their employee even in the illegal practice of the company.

Regards

Madhusudan Mishra

From India, Indore
mukesh tank
18

Dear Friends
In present days condition forced resignations have become very common. It’s my personal view that when such situation comes, one must write the resignations letters with words such as …as discussed I am putting my resignation letter….. and seek no objection from the company if I take up the employment with direct and/or indirect competitors of the company…further as the project on which I was working is not complete I should not be held responsible for any shortcomings or failure of the same……….
I believe that such forced resignations may not be noticed by the top management, as these are the part of blame game theory. If such an resignation letter is given then the company will think twice before acting on such forced resignations.
Readers please share your views on this
CS Mukesh Tank

From India, Mumbai
Gianim23
95

Hi :

Well said but most of the time HR applies fear tactics to get the employees to put in their papers and there are lot of unfair practices doing rounds in companies. HR will typically say that if the employee doesnt resign then company will terminate the services which can become detrimental to the individual's career. The individual then succumbs to the fear that it will impact his future and meekly submits resignation.

I am an HR professional and I had to do this once much against my wishes. I was working in an organisation which was a proprietory firm. My senior (GM-HR) had given the instructions. I was new in the company and hence I just went by instructions. It is after months of association with the company I realised that the GM-HR had no HR expertise (knowledgewise and sensitivity as well). She joined the company as a receptionist and climbed up the ladder in a span of 12 years by being a YES boss to our MD. Obviously our proprietor who was the MD also was breeding such people bcoz as per him they are loyal and will remain so more than the new joinees. I quit in about 11 months time again because of tremendous pressure fm the GM in everything. I did not see much of a professional growth in this company. Within the next 1 year the MD sold the company to a MNC and the MNC implemented proper processes and inculcated a professional culture and guess what this GM-HR was first shown the door by the MNC. I hope this lady has now realised how it feels to be shown the door which she did a million times before to others.

- Gia

From India, Pune
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