Is Notice Period Deduction Is Appropriate Even If Company Is Asking For Resignation - CiteHR
Saswatabanerjee
Partner - Risk Management
Subbarao.nv
Presently Working As Dy Manager Hr &
Ganesh Chavan
Hr Manager
Ravalhitt
Head Hr & Admin
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Sundar_mpm
Man Management Functions
Nizamuddinkhan
Hr Professional
Debddatta
On A Sabbatical
Ninadjoshi
Hr Officer
+1 Other

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Dear Seniors,
There is case: An employee, who has worked for an organization for more than 5 yrs, has been asked to resign due to his poor performance of last 9 months. Organization has accepted the resignation and relieved him instantly. They subtracted one month notice period from his full & final as per contract of employment.
Now the question is: If the company asked the resignation for poor performance, then why notice period is deducted!
As per my understanding, employee should get the salary in lieu of immediate relieving although he has not been terminated.
Looking forward for your precious suggestions.
Regards,
MN KHAN

If company is considering the employee as a poor performances, than the question arise, In past the employee has perform well except last nine months In such case the company should have a dialog with employee regarding his poor performances and should given a chance for improvement, instant of that company is asking for resignation.
In such case the employee has full right to get one month notice period as salary for in lieu of immediate relieving as per contract of employment, rather than subtracted one month notice period from his full & final.

There are certain un-principled companies who can get away with anything.
Hello MN Khan,
I echo Ganesh Chavan & Raj Kumar.
Looking at the scale of recent such instances, MAYBE it's time the Moderators have a rethink WHETHER TO NAME such companies in CiteHR. Human nature being what it is, MANY people make amends ONLY when they realize their actions are noticed by the world & face the flak.
BUT since such a step COULD be a double-edged knife, maybe some modus operandi needs to be evolved/found.
Coming to the present case, frankly, I am not sure IF there's anything that the employee can do, except:
1] Do some self-analysis on the reasons why his performance went down in the past 9 months--NOT for any others' sake but for HIS OWN SAKE. This will ensure that he can make corrections where needed & such a situation is not repeated from his end at least.
I think, like Ganesh Chavan mentioned, it should have been the company which OUGHT to have facilitated such an exercise--but I also think lack of such support SHOULD NOT prevent the employee from doing it on his own--like I said, for his own sake.
2] Move on in life--I recollect what one Army officer said when I went for SSB interviews years ago: Just because you don't get selected here doesn't mean "this is the end of the world". It just means 'you belong elsewhere'. A very nice & POSITIVE way of putting Rejection. I guess this fits aptly to this employee--MAYBE it's just that it took 5 years to realize this aspect.
All the Best.
Rgds,
TS

This has been the mantra of late wherein companies look for ways to cut corners. It is only the small-time lala companies that resort to such tactics. The bigger ones like Unilevers do not resort to such tactics.
The best option is to leave such companies to their devices and focus on one's future rather than getting into legal issues by reporting such companies on a website. Educate your near & dear friends by word of mouth.

Dear Seniors,
Thanks for your valuable responses.
But my query still remains unrequited: If the company asked the resignation for poor performance, then why notice period is deducted!
Regards,
MN KHAN

Hello MN Khan,
There is ABSOLUTELY NO REASON why Notice period should be deducted--but then you have not mentioned IF the issue was raised with the HR & if so what was the response/reply.
Let's be brutally honest/realistic--there's absolutely no reason why many things happen, even though everyone knows they shouldn't.
What would be the options then?
One is to fight it out legally [even if it takes years to give results] & the next is to evaluate and weigh-in the benefits of fighting it out vis-a-vis ignoring the situation & moving forward in life, AFTER learning the lesson to be careful in the future.
There are NO 'Right' OR 'Wrong' decisions in such situations. One only needs to weigh-in the possible consequences & IF he/she can handle them on a sustained basis, in terms of the associated cost, time, effort expended & the psychological trauma.
All the Best.
Rgds,
TS

If company is terminating to you then no question arise for any type of deduction on the behalf of notice period. If you are resigning then it is your responsibility otherwise not. First of all read your appointment letter carefully if there is mention a provision for notice period whether terminated by the employer or own willingness, notice period will be served then you would be served , other wise you can take the help of labour department.
If company dismissed that person for some reason then he will not pay the notice and if there is the rule for notice pay from employee side then there is also the same rule for employer
so here employer have to pay notice to the employee

Dear NK
What the company has done is ethically wrong. But you have to understand that technically they asked the employee to 'resign'. So effectively it is the employee who has to serve the notice period since (officially, on paper) he is the one who initiated the severance process. Now the company has 'graciously' waived off the notice period and let the employee leave with immediate effect. So they can argue that notice period is not required.
I repeat, the company is wrong in what is has done. But the employee's chances of winning this argument may be limited.
Best,
Deb


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