Tushar.swar
Manager - Human Resource
Kanika Kapoor
Soft And Behavioural Skills Trainer
+1 Other

Thread Started by #Mukildev

Hello All,

It all started when I requested for a sabbatical leave for continuing my education. my application was rejected citing that I need to serve a minimum of 3 years as per my employers policy.

Hence I gave my resignation to my employer citing explicitly that "I'm resigning in order to continue my education" in my resignation letter through email and the company has accepted my resignation.

But I have been given a Termination of Employment instead of Closure of Employment letter

The following are the exact contents in my Termination letter.

"Dear Sir,

Sub: Termination of Employment Contract

This is in reference to our transfer order reference ***/***/HR/TO/**** dated 16th February 2014 for (Company Name)Oman. You were released from UAE on 06th Mach 2014 and were supposed to report to Oman on receipt of VISA.

Now, we have received your Email communication dated 15th April 2014 informing that you will not be able to report at (Company Name) Oman. You are hereby advised that your name has been removed from our rolls effective from close of working hours on 06th March 2014 the last date of your attendance in (Company Name) Abu Dhabi"

I believe the words used above are pretty harsh and may affect my future employ ability, since the Termination letter doesn't mention Termination by mutual agreement.

Can you please confirm me whether such a Termination letter is normal and will not affect my employability?

What are my options if the above letter is unacceptable if it affects my future employment?

Regards,

Mukildev
22nd April 2014 From India, Chennai
Dear Mukil,
First, let us know that, whether this case in indian employment or international employement..?
Here, i can seen that, they had issued you the transfer letter, but, you did not report as per the order, in that, case company can terminate you on the ground of missbehave & violation of instruction of the company.
Transfering of clause generaly in appoinment letter, that is the universal clause for the safe guard of the company, & it is clearly mentioned that, your service can be transfer anywhere, anytime, as per the company requirement.
Your appointment letter, salary paid as indian establishment or foreign copany (Abu dhabi)...? if it is given by abu dhabi, then all labour laws shall be applicable as per the respective country, as all countries are having different labour laws.
23rd April 2014 From India, Mumbai
hi,
Please do not worry. The same seems to be professional. The format used is more like a relieving letter and it also means that you have cleared all your dues and resigned
properly.
It says that the contract of employment has been terminated and not "U"
Please continue with your studies. All the best!!
23rd April 2014 From India, Delhi
Dear Sir,

Thank you for your Response.

The company I work for is an Indian company with International presence.

The parent company is in India and its child companies are in different countries.

The child companies act Independently on its own accord and has its own recruitment/HR policies. So If you are hired by the child company directly, the labor law in its operating country prevails. But I have was hired by the Parent company in India and was transferred to the Child company in Abu Dhabi.

I have signed one Main employment contract with the Parent company (Labor law in India is applicable to me) and one contract with the child Company in Abu dhabi (Due to my transfer from parent company).

I have closed the contract with the company in Abu dhabi in March and I have received my Full and Final settlement from that company in accordance with the Law in UAE.

I was transferred to the child company in Oman and hence I have to sign one employment contract with the company in Oman. But in my new oman contract it clearly States that the date of commencement of contract begins from the date of Joining with the company.

Hence I was asked to wait in India until the company in Oman arranges the Visa (No salary for waiting period). In this waiting period the events which I have mentioned in my first post happened.

Even though I have received a transfer order from parent company, am I not eligible/entitled to Resign? In the main contract it says you can terminate the employment any time by giving notice. It doesn't mention that I can't terminate the contract while on transfer.

I'm particularly not happy with the word Termination ( Fired) being used. As you can see, The termination letter which I received says that, I have only informed them about not being available and there is no mention of Resignation.

My thinking is that, They have terminated the contract in order to minimize any settlement benefits that I might have receive. Am I wrong?

I'm just worried that since the word Terminated ( Fired ) being used here it might hamper my employability. For example after reading the letter,you Interpreted that they might have terminated for Misbehavior / Violating instructions, which is not the case. ( I was very afraid that other HR might interpret this way and it happened)

I simply do not wish to continue my job at this time and resigned from the company.

Also,Am I wrong to Interpret the word Terminated as equal to being Fired??

Regards,

Mukildev
24th April 2014 From India, Chennai
Dear Madam,
Thank you for your kind words.
But don't you think the word Terminated was a bit harsh?
I personally equate the word Terminated being equal to be Fired by the company for wrongful behavior.
Am I wrong in Interpreting it that way?
Regards,
Mukildev
24th April 2014 From India, Chennai
Dear Mukil,
As u said that u were supposed to work for 3 years, you should be happy that the company has terminated the contract itself and not blamed u for leaving the project in the middle. Had it been the other way round the company could have asked you to pay for breaking the bond and leaving the project in middle.
So relax and focus on your studies!
Hope it helps!
For your ref:
terminate (DICTIONARY MEANING)
verb
1.
bring to an end.
"he was advised to terminate the contract"
synonyms: bring to an end, end, bring to a close/conclusion, close, conclude, finish, stop, put an end to, put a stop to, wind up, discontinue, break off, cease, cut short, bring to an untimely end, abort; More
"the train will terminate at Stratford"
synonyms: end its journey, finish up, stop More
NORTH AMERICAN
end the employment of (someone); dismiss.
24th April 2014 From India, Delhi
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