Saswatabanerjee
Partner - Risk Management
Ravi5554
Asst.manager -hr
Arunmjadhav
Assistant Manager-hrd
HRTrinadh
Executive Hr
HR_learning2006
Manager -personnel And Administration
M S N KHAN
Senior Consultant (security)
+3 Others

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Hi, I was called by my HR Manager and she informed me that management is not happy with my performance and they have decided that they will monitor me very closely for next one month. and she added that " you can take this as notice period". So after next day I approached her with my resignation letter and she refused to accept that and issued me a termination letter stated the reason for under performance and issued me. So i have not accepted the termination letter, rather asked her for why there is 3 different views. 1) closely monitor by 1 management 2) notice period 3) termination letter.

After I refused to accept the letter and she mailed me the scan copy. Now I am asking them why cant they accept my resignation letter. The HR manager said as per HR rules, they have spoken to me regarding the issue so I cant give my resignation letter.

I am trying to talk to my management and sort it out but I know they will not. Kindly advise what should I do?? I don't want to accept any termination letter. I am going through a mental agony. Kindly help.

Thank you,

From India, Gurgaon
It seems your HR Deoartment has a massive chip on their head.
In general, instead if terminating an employee, companies ask them to resign. That way the employee gets a clean reliving letter and can get a job more easily.
Here, you have someone who seem to feel a pleasure in creating a problem.
There is little you can do about this actually.
You can speak to your management and ask them to consider accepting your resignation. If they don't then you just have to proceed with the letter they give .
I hope your next employer will understand your predicament.
If the termination letter is after resignation, then you have some thing to show the new employer. But I guess in your case, she would have refused to sign the as knowledgment letter.

From India, Mumbai
Hi. please go thorough with clause (c) of subsection (1) of section 25N under industrial Disputes act. Clearly mentioned the process of retrenchment.
From India, Mumbai
Hi Saswata,
You got it right. they really like to do the same. But really appreciate your help.
I have spoken to the Top most management and they took my resignation letter for further discussion. waiting for their reply by today.
Hope for the best
Regards,
Santu Mitra

From India, Gurgaon
I appreciate Aditya’s reply. However may I request all contributors to give a link to the reference to save every body’s time and make their posts comprehensive. Regards
From India, Thane
The question that comes up is :
how does industrial dispute act and process of retrenchment matter in this case.
mitrasantu does not wish to dispute their termination as such or raise a dispute and fight. In fact, he is interested in leaving and moving ahead.
In order to do that, he needs to have a clean exit so he can get a job without hassles.
If he files a complaint under the act, what will be the actual effect ? What will happen when the next employer does a background check.

From India, Mumbai
Hello All,
As mentioned earlier, I had a discussion with the top management to accept my resignation. Actually Its a partnership company comes under factory. After few days today the VP called me and asked me to write a resignation letter of his own choice of words and took the letter from me. I was quite happy and I was shocked to understand and still in shock that in return when I asked him for the receiving of this resignation letter, he refused to give the same. He said [Quoted], "I am a VP of this company, i am taking from you, so its okay" if you are not happy then take this letter back and sign the termination letter". I said okay and came back from his cabin.
Guys, please advise what can I do next?

From India, Gurgaon
Hi, I really dot know.
Actually now i scared on 24th sep which will be my last working day, when i will come for FnF, they might refused to give any FnF. The reason I have not signed and their termination letter and they also not signed my resignation letter.
So they can blindly refuse.

From India, Gurgaon
There is no straight answer to your question.
Mainly because, the advice would depend on knowing and understanding your employers much better. I don't know the response that you would get to each possible course of action, so how do I tell you which is the best ....
I can only suggest that you speak to th VP, or to your HR. Explain that when you apply to any company, they want to see a signed copy of your resignation letter to verify that you have followed all rules and resigned with full notice period. You would not want them to waste his time in calling to confirm that you left etc. And it would really help you in future to have documentation of your resignation, etc.
Or perhaps you can ask hr to now acknowledge the resignation letter since the VP has acknowledged it.

From India, Mumbai
Hi Saswata,
Thanks for your concern. Actually Its a partnership company( Family Company). HR personnel is sitting there just for a show. All the decision are taken by the family members so called VP, GM etc. She will not sign any of the papers without their concern/advise.
Santu

From India, Gurgaon

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