Employee Is Not Giving Resignation - Doc Download - CiteHR
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We try to help the employees. People i ask the solution, do we have any way for the separation of his services which is not legally bounded . Regards Upasana
Can you please rephrase it in simpler words??? This is something too vague
Dear Upasana,
Under Section 25 of Industrial Disputes Act the procedure for retrenchment is given.
The more or less main things to keep in mind would be
1. To pay him Retrenchment compensation which is 15 days average pay for per completed year of service.
2. He should be given one month notice pay.
3. He must be paid the Payment in lieu of the leaves in his kitty.
4. He must be paid all other legal dues due to him.
5. The reason of Retrenchment should be given as Excess Manpower. (Do you plan to Retrench this employee only or some more? What is the total strength of your employees? How many do you think are excess?)
However I would request you to kindly talk to him any tell him that you are going to do this and ask him to find another job in the meantime. Give him off to give interviews and show that you are trying to help him. He might understand that. Otherwise the above procedure is legal if all the things mentioned above are followed.

Dear Sir,
You cannot terminate the confirmed employee abruptly without due procedure.
You have to convince him and make him to resign by giving minimum 3 months salary as he has to search new employment which requires time to him.
D.Gurumurthy
HR & IR Consultant,
Hyderabad.

Dear Upasana,
You have received the best of advices and suggestions from our mentors and experts.
I might be adding on to the wish list, and requesting you to outplace him. His skills are best known to his employers. Hence, your team looking for an opening and getting him a job would remain the best solution.
This calls for effort and beating the odds. However, its not impossible. Please approach firms where you can find a role, right-fit for him. Include your vendor firms as well. Even if the company is smaller or the pay might be different, it would offer him continuity in his career.
Finding a job without one is next to impossible. Would you as an employer , hire someone who was unemployed for a considerable time?
This might take some time as well, but would be worth it. As you would be sending the right feelers to the grapevine in your firm.
Please invest in this and reap benefits through employee loyalty. Wish you all the best!

"Please resign and take a month's salary" is not the proper process of downsizing. In my view, you and your company have so far shown a very scant regard for the word "human" in your resources. It is probably the management's fault there is no work to be given to this person. Was there any kind of business projection when you hired your resources?

Consider this, had he been tasked with Business development; you would have had records of under-performance, and hence a justifiable termination.

Arbitrary and subjective termination is downright wrong, unethical, and very harmful for your organization - both from the perspective of retained employees and prospective employees. Armed with the almost no relevant details, it is my guess that there are far too many incompetent and redundant people in the organization; but this chap is getting the axe probably because he is a soft target.

If you really want valuable suggestion, I suggest you share with us complete details such as role, business situation, change in structuring if any, etc. (withholding all names) and maybe we can come back to you with relevant notes.

Dear Upasna,

You will need to address a few issues:

1. Has the workload actually reduced or is it a matter of lack of technical knowledge?

2. If you retrench the employee, is the company ready to hire him once the work load demands an increase in manpower? I'm sure you are aware of the conditions of retrenchment.

3. Are there any other reasons for wanting to sack this employee? Please remember that technical knowledge can always be gained or improved.

What is the level of the employee and what is his designation?

The company has the privilege of sacking an employee but it cannot sack one employee and hire another to do the same job. So you could:

1. Issue him a letter specifying where his technical knowledge is weak and where he needs to improve.

2. Give him reasonable time to enhance his knowledge.

3. If he does not improve now you can issue a warning and in about three months or so you would have something to fall back on. However, the question remains that if in one year the company did not find fault with him, how come now all of a sudden there is a problem with his competence?

4. If the company does decide to fire the employee without a reason (as it appears), then I would recommend clearing all dues including leave encashment, PF etc and giving him four months gross monthly salary (one month notice pay and three months retrenchment pay).

Warm regards,

Ajay Chaudhari

Dear upasana you give him written notice. Than he dont do any thing regards amit trehan
Hi Amit, Pray let us know on what basis the notice will be served? And believe me Sir, if he is half as strong as I am hoping to be, he will sue the company on the notice itself.
Hello Upasna,
Please follow your company rules, do as per your company appointment letter.
If employer is not satisfies with the performance than you should start training & development department in your company.
If person is employed for more than one year and his status is confirmed than why employer doubting?
If your not satisfied than why you have made confirmed rather than probation....?
As HR is our responsibility to guide employer about both the side Not like that "employer has told me so i will terminate him/her"
We are not PUPPETS of employer.Do right practice as HR or leave the Function of HR if your not able to do right justice to anyone.
Thanking you,
Regards,
Ashish


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