Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Dikshit.tgs
Human Resources Professional
+2 Others

Thread Started by #Anonymous(II)

Hi All,

A friend of mine who spend his precious 2 years in a co has put his resignation and was not willing to serve the notice period so, he was ready to pay for his notice period to his co as he just want his experience certificate from them but co was not accepting and asking him to server the notice period, everyday he was requesting them to release him as soon as possible and give him the experience letter but they were denying, he sent request mail to the company for reconsidering there decision but in return co send a very harsh mail and also after that mail co send another mail asking his final decision by EOD. he didn't replied anything and went for a disscussion with his director where he got an reply "if you want to serve the notice period come tomorrow otherwise no need to come from tomorrow". He left that day without any further discussion . Next day when he went to office all his access were revoked and he was told that he was terminated from the company. reason of termination is he didn't replied anything from 2 days. Still he didn't got his termination letter as well as experience letter.

He was a very responsible employee and because of his hard work he went to onsite also and have letter of appreciation from the onsite manager but now he is terminated just because he was again and again asking for experience letter and ready to pay back his co his notice period,

Please help him.

Regards,

Anonymous(II)
27th November 2014 From India, Chennai
Well, firstly need to understand the terms of employment as per the offer letter. If the offer letter says the company can decide whether to accept amount in lieu of notice period or not, he has to go with the company's decision. Otherwise, he has the right to ask for it.
But, in any case, he is supposed to get a termination / resignation acceptance from his employer.
May be, he is supposed to deliver some task, because of which his employer is not willing to let him go abruptly. Need to understand this in detail.
I would suggest, let him resolve this amicably.
Thanks & Regards,
Dikshit T G S.
27th November 2014 From India, Hyderabad
Ok, what help do you expect ?

You have all the facts before you.

He was supposed to complete his notice period and was not willing to do so.

He has put this in writing.

He was given a letter / email from the company asking for his decision. He didnt reply.

When he was talking to his Director, he left without giving a reply.

Obviously he was also not doing his work seriously during the notice period, else they would want him to finish what he was doing.

He will not get an experience letter, but he will get a termination letter.

A termination letter is a serious setback in getting another job, specially where it states that he refused to serve notice period.

If he joins any large company, during Background Verification, they are going to give a major negative.

I think he knows all of this.

None of us can go and speak to his company for it (we have no locus standi any way)

He will have to meet them and convince them to give the termination letter stating his period of work.

At best we can tell you that termination letter is compulsory in law.

So what help are you actually looking for ?


27th November 2014 From India, Mumbai
Thanks all for the reply.
@Swasatabanerjee: He never did anything that goes wrong or against him. Till now, he is talking to them with full respect and in a polite manner and when he left the room that time also he just requested them to kindly reconsider the decision as this will affect his career as never is required he was always present for the company.
Also, as per his responsibility he as given full transition and training to his collegues and relieved himself from all dependencies.
I think after completing all this duties from his end, he can ask company to release him soon and provide him the experience letter.
27th November 2014 From India, Chennai
Hi Anonymous (II),
It's not your friend who is supposed to decide whether he can be relieved by the org or not. It is the org which makes the decision keeping in view the current ongoing and future needs of the organization.
Also, technically, he is supposed to be serving his notice period, which he is not interested to. But you never let us know why?
What is the urgency of leaving? Is it because of an offer which he already has from any other org? Is there any other unavoidable reason affecting his decision? Well the list is endless. Hence, I request you to kindly let us know the facts in detail, so that one of the seniors would be able to help.
27th November 2014 From India, Hyderabad
Actually, he was planning for his marriage because of which he was looking for an more opportunities, when he got one he doesn't want to miss it. so he put his resignation and got acceptance letter, also he requested his present company telling them everything in detail. but they were not considering anything.

In offer letter it is only mention that you have to serve the notice period for 2 months, so he asked his company as he will not able to serve the entire notice period, kindly allow to compensate for the same. Same thing he gave in mail format. Yesterday he got 2 mails from company 1st mail : in which they denied to release him before notice period and 2nd mail: they want to know his final decision by end of day.

He was waiting to discuss the same thing with his senior director, when he came to know from his collegue that all his access has been revoked yesterday itself.

Today when he went to office they verbally told him because you didn't gave us any reply from 2 days thats why, he is terminated and can handover all office belongings but they send him the decision mail yesterday after 12:00 pm and revoke his access by 7pm.
27th November 2014 From India, Chennai
Now, it is very much evident that the employee is in fault. When the agreement between the two parties is not talking anything about the paying in lieu the notice period charges, how can he demand? He requested and the company did not agree to it. So let him go with the org's decision.
The reason for quitting is not justifiable. No employer would want his employee's personal commitments to affect their professional environment, which is happening here.
I would suggest, let him talk to the prospective employer (the org which he is intending to join), request for some time, meet the current director, apologize, complete the notice period and exit smoothly.
That would be good for his career also.
27th November 2014 From India, Hyderabad
Thanks a lot for the guidance. Really appreciate..
but if they wont consider him again then what should we do as they haven't provided him anything i.e, salary, termination or experience letter.
One more question can company terminate an employee verbally without giving a firm answer?
27th November 2014 From India, Chennai
The organization is bound to issue a letter of termination.
They are not doing this, because they are just waiting for the employee to come and get the issue resolved.
Any organization is required to furnish the reasons of termination in writing. In case, if they don't send out a registered post with ACK Due and they shall respond back.
27th November 2014 From India, Hyderabad
Dikshit has already given quiet a few answers.

I agree with his points. Except, I think your friend has basically dig himself a hole. And there are parts of the interaction we are not being told.

That he did nothing wrong before is immaterial now.

It is the company choice on whether to accept a shorter notice period. If you keep pestering, they are bound to get annoyed. And suspicious of what he will do now during the rest of the period.

I also do not believe he could have done the full handover in 10 days and trained someone else and "remove dependencies". I think the company is seeing that he is refusing to do new work or existing work claiming it's now responsibility of his replacement.

On the rest of the matters discussed, I think its clear. They are saying give back comoany assets and we will give your termination letter and clear dues. Either you are not willing to do that, or refusing to accept that. They have not refused to give a termination letter. They said give the assets back and we will process your documents.


27th November 2014 From India, Mumbai
Hello Anonymous,

Further to what Dikshit & Saswata Banerjee suggested/mentioned, I can see ONLY ONE way your friend can handle this situation.

Just ask him to BUY PEACE with his Company--whatever it may take to do it.

The reason is simple, straight & practical: If he pushes for a Termination Letter, he is only effecting his long-term career prospects. Obviously some reason(s) will have to be mentioned in the Letter....surely none in favor of your friend.

All he would have is a 'piece of paper' that he can't really use.

And surely he can't expect a formal Relieving Letter....after what happened. The only way I can see is to rejoin the Company back.....but that too would have it's own set of downside consequences.

And finally, pl ask him to learn for this experience--DON'T ASSUME WHAT OTHERS DO OR DON'T DO.

And most often, even in cases where Notice Period Buy-out is possible, the employee CAN'T take it for granted. It's a 2-way street for a solution to any such situation. Hope you get the point.

Rgds,

TS
28th November 2014 From India, Hyderabad
The matter has been discussed with finesse by members...

If the employee is unable to handle on his own he may seek help from seasoned employees/trade union leadrs/Labor Law Consultant....and the matter may resolve with their skills..

1. Termination Letter:

Since harsh email {or stinker(s)} have been issued, the company may/may not effect Termination Simplicitor....

If company issues a reason in termination letter then it may become stigmatic termination and company and concerned line managers/HRS personnel/employer personally can become accountable and responsible...

Even if company issues termination simplicitor in reply to demand notice or in court it may state reason/allegations.....that shall have to be proved.

The termination May be bad termination.

2. Notice Period may not necessarily be more than 30 days in his case....

Notice Period/pay is part of service conditions that are governed by various enactment/statue/instrument of law... applicable to establishment and employee....and is equitable....E.g. Standing Orders, Shops and Commercial Establishment Act....

Appointment Letter is a private agreement created by employer and signed with employee....

No private agreement can overrule an enactment /statue/ instrument of law....

If employer can terminate without notice ( with notice pay in lieu of notice period) then so can employee....

If employer effecting termination without notice does not arrange next employment for terminated employee then the employee also does not arrange/or wait for replacement and completion of tasks etc....

3. Service Certificate: Has to be issued to all employees.

In case of termination it has to be issued on last day in office along with payment of FnF wages....

4. Relieving Letter: signifies nothing is pending....

If employer has resorted to termination (after resignation in this case) then it had endorsed nothing is pending....

Moreover in this case since employee has resigned and has stated to provide notice pay in lieu of notice period employer had enough time to arrange for handover/exit formalities..

5. Resignation: can be without permission and notice....

Employer can ask for notice pay that is permissible upto ad stated in enactment applicable to establishment...

Beyond that it may be void.

6. Stinkers: Employee should have reprepliedd built favorable written record.

Now the employee should proceed tactfully and carefully...

Even if he trades termination with resignation/apology letter....The adverse comments inserted in personnel file May fetch negative feed back in BGV and loss of next employment.

Hence the employee shoul weigh all pros and cons and tread careful ly.
29th November 2014 From India, Chandigarh
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