Hi All,
A friend of mine who spent his precious 2 years in a company has submitted his resignation and was not willing to serve the notice period. He was ready to pay for his notice period to the company as he just wanted his experience certificate from them. However, the company was not accepting this and insisted he serve the notice period. Every day, he requested them to release him as soon as possible and provide him with the experience letter, but they kept denying his requests. He sent a request email to the company to reconsider their decision, but in response, the company sent a very harsh email. Following that, the company sent another email asking for his final decision by end of day (EOD).
He did not reply and instead went for a discussion with his director. During the discussion, he was told, "If you want to serve the notice period, come in tomorrow; otherwise, no need to come in from tomorrow." He left that day without any further discussion. The next day, when he arrived at the office, all his access had been revoked, and he was informed that he was terminated from the company. The reason for termination was cited as his failure to reply for two days. He still has not received his termination letter or experience letter.
He was a very responsible employee, and due to his hard work, he even had the opportunity to work onsite and received a letter of appreciation from the onsite manager. However, he is now terminated simply because he kept requesting the experience letter and was willing to pay back his notice period to the company.
Please assist him.
From India, Chennai
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1A friend of mine who spent his precious 2 years in a company has submitted his resignation and was not willing to serve the notice period. He was ready to pay for his notice period to the company as he just wanted his experience certificate from them. However, the company was not accepting this and insisted he serve the notice period. Every day, he requested them to release him as soon as possible and provide him with the experience letter, but they kept denying his requests. He sent a request email to the company to reconsider their decision, but in response, the company sent a very harsh email. Following that, the company sent another email asking for his final decision by end of day (EOD).
He did not reply and instead went for a discussion with his director. During the discussion, he was told, "If you want to serve the notice period, come in tomorrow; otherwise, no need to come in from tomorrow." He left that day without any further discussion. The next day, when he arrived at the office, all his access had been revoked, and he was informed that he was terminated from the company. The reason for termination was cited as his failure to reply for two days. He still has not received his termination letter or experience letter.
He was a very responsible employee, and due to his hard work, he even had the opportunity to work onsite and received a letter of appreciation from the onsite manager. However, he is now terminated simply because he kept requesting the experience letter and was willing to pay back his notice period to the company.
Please assist him.
From India, Chennai
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Well, firstly, one needs to understand the terms of employment as per the offer letter. If the offer letter states that the company can decide whether to accept an amount in lieu of the notice period or not, the employee has to abide by the company's decision. Otherwise, he has the right to ask for it. In any case, he is supposed to obtain a termination or resignation acceptance from his employer. Perhaps, he is expected to complete certain tasks, which is why his employer is reluctant to let him go abruptly. It is crucial to delve into this matter in detail. I would recommend resolving this situation amicably.
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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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 didn't 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, especially where it states that he refused to serve the 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 anyway). 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 a termination letter is compulsory in law. So what help are you actually looking for?
From India, Mumbai
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From India, Mumbai
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Thank you all for the replies.
@Swasatabanerjee: He never did anything that went wrong or against him. Until now, he has been talking to them with full respect and in a polite manner. When he left the room, he simply requested them to kindly reconsider the decision, as this will affect his career. He has always been present for the company. Additionally, as part of his responsibilities, he has provided full transition and training to his colleagues and has freed himself from all dependencies.
I believe that after completing all these duties from his end, he can request the company to release him soon and provide him with an experience letter.
From India, Chennai
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@Swasatabanerjee: He never did anything that went wrong or against him. Until now, he has been talking to them with full respect and in a polite manner. When he left the room, he simply requested them to kindly reconsider the decision, as this will affect his career. He has always been present for the company. Additionally, as part of his responsibilities, he has provided full transition and training to his colleagues and has freed himself from all dependencies.
I believe that after completing all these duties from his end, he can request the company to release him soon and provide him with an experience letter.
From India, Chennai
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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 in. But you never let us know why. What is the urgency of leaving? Is it because of an offer he already has from another 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.
From India, Hyderabad
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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 in. But you never let us know why. What is the urgency of leaving? Is it because of an offer he already has from another 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.
From India, Hyderabad
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Actually, he was planning for his marriage because of which he was looking for more opportunities. When he got one, he didn't want to miss it. So, he put in his resignation and received an acceptance letter. He also informed his current company, detailing everything, but they were not considering anything.
The offer letter only mentions that he has to serve a notice period of 2 months. He asked his company if he could be allowed to compensate for not being able to serve the entire notice period. He communicated the same request via email. Yesterday, he received two emails from the company. The first email denied his request for an early release before the notice period, and the second email asked for his final decision by the end of the day.
He was waiting to discuss the matter with his senior director when he learned from a colleague that all his access had been revoked the day before.
Today, when he went to the office, they verbally informed him that he was being terminated because he didn't respond for two days. He was asked to hand over all office belongings. However, the decision email was sent to him after 12:00 pm yesterday, and his access was revoked by 7 pm.
From India, Chennai
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The offer letter only mentions that he has to serve a notice period of 2 months. He asked his company if he could be allowed to compensate for not being able to serve the entire notice period. He communicated the same request via email. Yesterday, he received two emails from the company. The first email denied his request for an early release before the notice period, and the second email asked for his final decision by the end of the day.
He was waiting to discuss the matter with his senior director when he learned from a colleague that all his access had been revoked the day before.
Today, when he went to the office, they verbally informed him that he was being terminated because he didn't respond for two days. He was asked to hand over all office belongings. However, the decision email was sent to him after 12:00 pm yesterday, and his access was revoked by 7 pm.
From India, Chennai
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Now, it is very evident that the employee is at fault. When the agreement between the two parties does not mention anything about paying in lieu of the notice period charges, how can he demand it? He requested, but the company did not agree to it. So, let him go with the organization's decision.
The reason for quitting is not justifiable. No employer would want an employee's personal commitments to affect their professional environment, which is happening in this case.
I would suggest letting him talk to the prospective employer (the organization he intends to join), requesting some time, meeting the current director, apologizing, completing the notice period, and exiting smoothly. This approach would also be beneficial for his career.
From India, Hyderabad
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The reason for quitting is not justifiable. No employer would want an employee's personal commitments to affect their professional environment, which is happening in this case.
I would suggest letting him talk to the prospective employer (the organization he intends to join), requesting some time, meeting the current director, apologizing, completing the notice period, and exiting smoothly. This approach would also be beneficial for his career.
From India, Hyderabad
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Thank you for the guidance; I really appreciate it. However, if they won't consider him again, what should we do as they haven't provided him anything, i.e., salary, termination, or experience letter?
One more question: can a company terminate an employee verbally without giving a formal notice?
From India, Chennai
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One more question: can a company terminate an employee verbally without giving a formal notice?
From India, Chennai
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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 for termination in writing. In case they don't send out a registered post with ACK Due, they shall respond back.
From India, Hyderabad
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Any organization is required to furnish the reasons for termination in writing. In case they don't send out a registered post with ACK Due, they shall respond back.
From India, Hyderabad
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Dikshit has already given quite a few answers.
I agree with his points. Except, I think your friend has basically dug 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's 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 the responsibility of his replacement.
On the rest of the matters discussed, I think it's clear. They are saying give back company assets, and we will give you a 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.
From India, Mumbai
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I agree with his points. Except, I think your friend has basically dug 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's 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 the responsibility of his replacement.
On the rest of the matters discussed, I think it's clear. They are saying give back company assets, and we will give you a 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.
From India, Mumbai
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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 affecting 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 its own set of downside consequences.
And finally, please ask him to learn from 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
From India, Hyderabad
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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 affecting 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 its own set of downside consequences.
And finally, please ask him to learn from 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
From India, Hyderabad
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The matter has been discussed with finesse by members.
If the employee is unable to handle it on his own, he may seek help from seasoned employees/trade union leaders/Labor Law Consultant, and the matter may be resolved with their skills.
Termination Letter:
Since a harsh email (or stinker(s)) has been issued, the company may or may not effect Termination Simplicitor. If the company issues a reason in the termination letter, it may become stigmatic termination, and the company, concerned line managers/HRS personnel, and the employer personally can become accountable and responsible. Even if the company issues termination simplicitor in reply to a demand notice or in court, it may state reasons/allegations that shall have to be proved. The termination may be a bad termination.
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 enactments/statutes/instruments of law applicable to the establishment and the employee and is equitable (e.g., Standing Orders, Shops and Commercial Establishment Act). An Appointment Letter is a private agreement created by the employer and signed with the employee. No private agreement can overrule an enactment/statute/instrument of law. If the employer can terminate without notice (with notice pay in lieu of the notice period), then so can the employee. If the employer is effecting termination without notice and does not arrange the next employment for the terminated employee, then the employee also does not arrange/wait for a replacement and completion of tasks, etc.
Service Certificate: Has to be issued to all employees. In case of termination, it has to be issued on the last day in the office along with payment of FnF wages.
Relieving Letter: signifies nothing is pending. If the employer has resorted to termination (after resignation in this case), then it had endorsed nothing is pending. Moreover, in this case, since the employee has resigned and has stated to provide notice pay in lieu of the notice period, the employer had enough time to arrange for handover/exit formalities.
Resignation: can be without permission and notice. The employer can ask for notice pay that is permissible up to and stated in the enactment applicable to the establishment. Beyond that, it may be void.
Stinkers: The employee should have replied and built a favorable written record. Now, the employee should proceed tactfully and carefully. Even if he trades termination with a resignation/apology letter, the adverse comments inserted in the personnel file may fetch negative feedback in BGV and result in a loss of next employment. Hence, the employee should weigh all pros and cons and tread carefully.
From India, Chandigarh
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If the employee is unable to handle it on his own, he may seek help from seasoned employees/trade union leaders/Labor Law Consultant, and the matter may be resolved with their skills.
Termination Letter:
Since a harsh email (or stinker(s)) has been issued, the company may or may not effect Termination Simplicitor. If the company issues a reason in the termination letter, it may become stigmatic termination, and the company, concerned line managers/HRS personnel, and the employer personally can become accountable and responsible. Even if the company issues termination simplicitor in reply to a demand notice or in court, it may state reasons/allegations that shall have to be proved. The termination may be a bad termination.
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 enactments/statutes/instruments of law applicable to the establishment and the employee and is equitable (e.g., Standing Orders, Shops and Commercial Establishment Act). An Appointment Letter is a private agreement created by the employer and signed with the employee. No private agreement can overrule an enactment/statute/instrument of law. If the employer can terminate without notice (with notice pay in lieu of the notice period), then so can the employee. If the employer is effecting termination without notice and does not arrange the next employment for the terminated employee, then the employee also does not arrange/wait for a replacement and completion of tasks, etc.
Service Certificate: Has to be issued to all employees. In case of termination, it has to be issued on the last day in the office along with payment of FnF wages.
Relieving Letter: signifies nothing is pending. If the employer has resorted to termination (after resignation in this case), then it had endorsed nothing is pending. Moreover, in this case, since the employee has resigned and has stated to provide notice pay in lieu of the notice period, the employer had enough time to arrange for handover/exit formalities.
Resignation: can be without permission and notice. The employer can ask for notice pay that is permissible up to and stated in the enactment applicable to the establishment. Beyond that, it may be void.
Stinkers: The employee should have replied and built a favorable written record. Now, the employee should proceed tactfully and carefully. Even if he trades termination with a resignation/apology letter, the adverse comments inserted in the personnel file may fetch negative feedback in BGV and result in a loss of next employment. Hence, the employee should weigh all pros and cons and tread carefully.
From India, Chandigarh
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