Employee Is Not Giving Resignation - Doc Download - CiteHR
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Dear All,
Upasna has approached this site because she needs help. Obviously she does not have the desired support from her management.
I feel offering her suggestions that are within the legal framework would help her chose her a course of action. Amit's suggestion may have worked in a particular case. Rest assured it will not in most cases. The company will end up facing a legal battle and Upasna may well lose her job in the process.
Can we resolve to give her viable options rather than submerge her with suggestions that may not work and confuse her in the process?
Thanks in advance!
Warm regards,
Ajay Chaudhari

Dear Upasana,
You want to give one month notice pay salary . its better if they considered but I think if you want to terminate any employee's Services. you need to pay some extra. like some other benefit painding bonus,retrenchment benefit,leave pay etc.
Thanks ,
Purav Jangra
8689007106

Manpower forecasting is very important and any employer can save himself from these kind of situations. Based own my experience, you have to inform him that your position has been removed due to restructuring of organizational hierarchy. You are our valued employee and will stay in touch whenever we need your services, we will contact you.
Regards,
Mairaj

Dear Upasana,
From your assertions, there is 2 issues here. Firstly if the employee is redundant, then you can retrench him. If so, you must follow the legal requirements on retrenchment, i.e notice period, retrenchment benefits. Voluntary Separation service (VSS) will be a good option in this instance.
Secondly if the person is not performing, then you may take action under poor performance. However, if this route is taken, you have to ensure that sufficient warnings and trainings had been provided. If his performance is still poor despite all these, then the person can be terminated.
Thanks
S. Ponusamy

Few suggestion
Please give him the termination letter and face the problems.
If not talk to him and try to convince him or ask his time duration to get a new job and get relieved.
Check if any other person is looking out for a change from your concern and let them go and make this person stay back.
Talk to the person and make he/she understand the new management decision and give the notice period as per the company norms.
Finally try to convince your new management by telling his/her positives and negatives which can be changed and retain the person.

Dear Upasana,
Do not make this mistake to ask any employee to leave... Morally none of us can directly ask anyone to resign & that too without any solid reason!!! As some one already told that u might get caught in very difficult situation in future. Pls have every thing written on mail by your Seniors, Sit along with your seniors+ Operations (preferably that Employees' Boss/ Dept Head) & then discuss things diplomaticaly & it shouldn't be just like a cake walk that u r directly asking some one to resign & that too without involving any Seniors. Pls think & act smartly. I know & almost all HR fellow would b aggree with me that we HR get such dauting task which is very very Risky & paining, but then its our job which we have to do, but then, why directly keep Urself in Limeligh?? be careful, as some times, in such cases, Workers take Revenge out of the office, be it Male or female.
Regards
jyoti

Dear Upasana,
I am no HR expert or know the labour laws in India. Hence, I read this thread to gain some knowledge. However, the reason for asking the worker to resign was not clear, as you have given confusing statements in your 3 posts. Hence, I have tried to summarise your posts to make it clearer. Please correct me if I am wrong.
You have excess manpower when compare to the work load.
A worker has worked for a year and has been confirmed.
The management has changed. The new management wants to get rid of this worker, as he has less technical knowledge than others. You have told the employee to resign and that the company will pay him 1 month salary.
But he is not ready to resign and says "Give me in writing that you are terminating me".
The company usually try to help the employees; they would like him to resign rather than terminate him as it reflects badly on the worker.
You are looking for a solution that will not lead to legal problems.

Dear Upasana,
It\'s very difficult to convince an unwilling employee to resign. First of all check the terms & conditions of employment for any provision to retrench or terminate. And the Standing Orders as well. If ID Act is applicable to your Estt. you have to follow provisions laid down there. Most firms\' terms of apptt. provide for termination clause, probably termination or resignation with one or two month\'s prior notice or salary in lieu thereof might be the clause. Act accordingly when resignation not forthcoming.

Hi!
"He doesn't have a good technical knowledge" this reason not sufficient for his resignation or termination because if he is not capable then why did you confirmed him? why didn't you extended his training and probation period? this question will arise. Better option is go straight forward and according to the rules and regulations for reduce the excess manpower. There are some compensations you need to give an employee. I don't have much knowledge about it but you can take an advice from a good lawyer.
Thanks!

if so pl terminate his services as per his offer of appointment in writing and it means to discharge simplsiter

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