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

Thread Started by #mitrasantu

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,
29th August 2014 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.
30th August 2014 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.
30th August 2014 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
30th August 2014 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
1st September 2014 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.

1st September 2014 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?
2nd September 2014 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.
2nd September 2014 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.

2nd September 2014 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
3rd September 2014 From India, Gurgaon
Then you have no option but to go and request one of the owners to sign the resignation letter as accepted by explaining that your next employer will ask for it.
3rd September 2014 From India, Mumbai
Dear Santu,
You please need not bother of any thing. in simple what I have understood is that your HR Manager does not have required knowledge in term of resignation and termination process.
If a company want to terminate a Employee then normally they ask for resignation letter and asked employee to leave fruitfully.
the other question is might be your management wants you to handover or KT process to take place.
you can just be silent, avoid gossip with your co worker.
once your KT process is over then they will do all the FNF process.
At last even then they have issue, please discuss in a pleasing matter as your carrier matters a lot.
Regards
Pandey
9840221925
3rd September 2014 From India, Mumbai
Hi Santu,
Since you have resigned and submitted your resignation letter it is important that you serve your notice and leave the company.
If your VP or HR has not given an acceptance of resignation letter it will not matter much in getting a new job.You can tell your new employer that you have resigned but the company has not given acceptance on the same. I personally have come across such cases in small and medium sized companies where Acceptance of Resignation is not provided either as a practice or with a aim to harass the resigned employee.
You can retain a copy of the resignation letter addressed to your current management.But at the same time you will have to ensure that you get a Relieving Letter / Work Experience Letter from your current organisation.
Pls write to me on if you need any further support.
Regards,
Sumit
3rd September 2014 From India, Mumbai
#Anonymous
I agree with saswatabanarjee
The case does not come under industrial dispute act as a retrenchment case
Mr.aditya must be knowing that when there is a termination then it can't be retrenchment. its a simple rule of retrenchment.
3rd September 2014 From India, Hyderabad
Ya mr.mitrasanth what is our saswathabenarjee said that is absolutely correct and i am appreciate his answer you may follow his guidelines definatly it will helpfull to you and i am also knowing something by him
thank you alll.....
3rd September 2014 From India, Hyderabad
Hi all, I have been getting a moral support from you guys from last few days and keeping my mind under control. Today my company VP called and politely was taking about other things. But he ended the discussion something like that.... " please maintain the decorum of the office. don't do anything which will spoil our relationship in future. we should not take things for tit for tat way... and I also informed him that I feel the same way and i also want to leave this company with a good note.""
Later when I again requested him to provide me a relieving/experience letter, he said they don't provide such letters as per their policy. he informed me if my new employer ask for something like that then provide them our number, we will talk to them"
Now please let me know. what next... its really useless to make them understand that corporate world does not go as per their family rule.
If they don't give me any relieving/experience letters.. what should I do?
3rd September 2014 From India, Gurgaon
Mitrasantu,
Employer can make their own policy.
If there is such policy in the company that they don't provide reliving letter.
then you cannot force to company to provide reliving letter/experience letter.
Arun J.
3rd September 2014 From India, Hyderabad
Dear Mr.Jadhav, Employer can make their own rule but i believe it should not be hidden and should be mentioned in blue book. and available to employee.
3rd September 2014 From India, Gurgaon
It's true that the company can make it's own rules
But those rules can not be made in variance with the law.
The law requires that a person leaving the job needs to be given a certificate of employment (called under various names under various laws). No employer can say their internal rules disallowes it.

3rd September 2014 From India, Mumbai
Dear Santu
Talk to your HR lady personally. Let her talk to management her own level. I think she would be able to convince them in HR words. I think that will work.
All the best & no worrries.!!! Whatever happens, there is a good reason behind that.
5th September 2014 From India, Karol Bagh
Hi Santu,
It is very sad to hear the tough phase you are going through. I can understand the agony and depression of yours. To give my views I would need few inputs from you.
1. How long have you worked there ?
2. Do you have your official email id with the company's domain (e.g. ) ?
Regards,
S.R
9th September 2014 From India, Calcutta
Dear Saurabh, I have joined 17th October 2012 and yes i do have email id of company domain. Regards, Santu
19th September 2014 From India, Gurgaon
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