Dinesh Divekar
Business Mentor, Consultant And Trainer
Sr. Hr Executive
Sneha Joshi
Hr Manager
Management Consultancy
Hospitality Industry
Sales Support/asst. Manager
+2 Others


Hello Everyone,
I am a HR Executive in a private limited IT firm. I joined this company 3 months back, in fact I joined the Human Resources field just 3 months back so basically I am still in the learning phase about the core of this field. I would like to discuss about one of my office’s scenario to clarify my doubt.
So, it happened that one of our employees resigned last week. She stopped company all of the sudden and sent a resignation from home to the HR Manager saying that she has some medical issues (she recently got eyes Lasik surgery and was claiming about some complications). Now, our HR Manager replied to her resignation saying that we are not accepting your resignation and you have to report back to the office within 24 hours and have to serve the notice period of 2 months. To this employee replied saying she won’t be able to serve the notice period, on which the HR Manager sent her a termination letter including that we are rejecting your resignation and as you failed to serve the notice period, we are terminating you from the employment. And now that employee cannot claim her relieving letter or experience letter from this Company even after spending 2 years here.
Being a human, I am feeling bad for that employee and I feel that this company is doing wrong with her career. But being a HR, I am in a dilemma if this is the right thing to do with the employee in such scenario.
Please help me out understanding this whole case.
31st October 2017 From India, undefined
Dear friend,
I appreciate that you wanted to emphathise with the resigning employee. HR cannot be impersonal and that's what exactly your HR Manager is doing.
Nevertheless, it is the battle of the resigning employee. Let her fight it out. At best suggest her to approach this forum to take advice from the seniors on how to handle her case. However, do this surreptitiously!
It is better if you keep yourself out of this! Not just injustice, but we find that atrocities also go on against the section of society. However, to what extent to involve oneself, is a matter of personal judgement.
Dinesh Divekar
31st October 2017 From India, Bangalore
Termination of the lady was sad but not wrong. If anybody working from the company and has some expectation from it then in same way company also has the expectations from the employee which he / she should fulfill. When she had signed the appointment letter it must have the clause for termination of contract and the same is supposed to be followed. If she cannot come for duty due to her sickness then she may apply for some days leave or leave without pay with proper justification. Also, if she is so sick that she can't able to serve the notice period as well then had she provide any proper medication or treatment or medical certificate from medical practitioner. Also, if yes then are they verified through company doctor if yes only then company can think for humanity ground but just sending an resignation from home can not be consider a correct process. Also, company has to follow some legal process for which they need to take some strict decisions which may be not favorable or popular but right at there place.
1st November 2017
Dear Manoj,
Nothing wrong to terminate the absenting employee nevertheless, the method of termination is not just questionable legally but from the point of HR Management also.
What was the need to show overzealousness to terminate the woman employee? If she had some medical problem then HR Manager could have paid visit either to hospital or at her home. This visit would have helped in obtaining the ground information as well as establishing the emotional connect with the employee. "Employee engagement", is it not a buzzword amongst the HR professionals? How the engagement is developed? By hurried termination? What message will be sent to the other employees by this kind of termination?
HR could have discussed with the management to explore possibility of keeping the absenting employee on roll but without pay. It would have helped the sick employee to join once she became medically fit. What was the need to drive away an employee who worked for two years in the company? Once the employee works for two years in the company, he/she gets well attuned to the culture of the company. Is it that easy to get replacement that is culturally suitable? Going further, each employee takes away the knowledge when he/she exits the company. Resignation of each employee erodes knowledge assets or knowledge wealth of the company?
Lastly, no employee can be terminated without conducting the domestic enquiry. The oversmart HR Manager has failed to fulfil this legal obligation also.
Dinesh Divekar
1st November 2017 From India, Bangalore
Hello, Your feelings for the employee are appreciated, but the employee has to fulfill her part of the obligation. When there is a notice period of two months, either serve the notice period or pay for the notice period. Organisations cannot work with a revolving door policy, people joining and leaving at will, there has to be some stability in operations. This issue is rather acute in IT field and the damage to the organisation is incalculable. So if the employee is unable to serve the notice period, then she has to pay for the notice period. You can help by getting the employee to pay for the notice period and the employee walks off with her relieving order & experience certificate. You can informally sound the HR Manager, if the proposal is OK, then you can convey the same to her.
1st November 2017 From India, Mumbai
Dear Divakar Sir,
With all due respect, with the query raised by the person specifically indicates that the employee is willing or showing any interest to continue and directly she had sent her resignation letter to the HR department. In case of absconding the domestic inquiry is surely to be consider as legal norm but is it really require to the employee who is resigning on immediate ground on her willingness ??? If she really want to continue then she should have applied for leave or asked for concession from the management which she had not done.
Secondly, as a part of employee engagement or development HR manager is supposed to follow the above suggested things by you but it is possible if employee is really looking for the concession or help from the management. Getting so rude in nature and sending resignation letter does not solve problem neither create any communication as it should be.
Thus in my view, it is failure from the employee side as she is surely aware about her notice period and she should have meet personally or should have called the management to inform about her situation and put up request for help or assistance which surely she had not done and choose a way or putting up resignation. It is not easy as management to work on door to door policy and surely not possible in cases where employees putting up immediate resignation.
These are totally my views which may or may not be agreed by many people from the group / site.
1st November 2017
Dear Friend,
Would you agree to point that the terminated employee was under an agreement with the employer to serve notice? If yes, why she did not serve the notice for which she is bound. The employee could have saved her by paying the amount in lieu of notice.
If the employee still feel injustice has happened to her can knock the door of law, if something emerge out of it.
2nd November 2017 From India, Mumbai
I appreciate Manoj Kamble, every organization and every desiganation have some responsibilities, all should care of their responsibilities.
2nd November 2017 From India, Mumbai
Dear Manoj,
This is my reply to Post No 6.
Yes, I agree that there was immaturity on the part of employee. But then in this case an immature behaviour was retaliated by immaturity from HR too. HR followed a dotted line. "Either follow what I say or get lost" was the dictum that HR adhered too. This could have worked during the days of Personnel Management but this authoritative style is incongruent with HR Management of 2017.
Who knows the employee might be playing truant also. The reason of medical unfitness could be fake also. But then HR neither made efforts to find out the veracity nor used influencing skills to retain an employee. Is employee retention not that important for unbranded companies?
Let us keep aside the medical fitness of employee or even inability to serve the notice period. There are routine cases wherein employees quit by serving the notice period. But even in such cases also, HR in many companies persuade resigning employee to remain with them. Why they do it? Why they do not stick to their duties perfunctorily and initiate separate process?
On the side HR shows penchant for jargon like employee engagement but in actual practice, works contrary to these theories. This post is a classic example of this contradiction.
Adherence to the rules and regulations or discipline is important for any organisation. Nevertheless, I just questioned the crude implementation. I did not find any "humane"side of HR. That is what I would like to say.
Dinesh Divekar
2nd November 2017 From India, Bangalore
Ideally in this kind of scenario HR should first talk to her Manager incase he knows something. Because before mailing for the resignation, employee usually talks to manager then only sends mail.
This scenario is a little suspicious, may be she has got some negative behavior from manager regarding her situation so she directly sent a mail
she may have some another job offer in hand and with this reason she can join there immediately too.
3rd November 2017 From India, Pune
Resignation Can't be turned into Termination if this has been happened it is sadden as far as notice period is concern if company have some issue then they can send recovery note to concern employee if this turned into termination then matter of judiciary.
thanks & regards,
sumit kumar saxena
3rd November 2017 From India, Ghaziabad
Very relevant and recurring topis for discussion. Having seen the replies fully, I can understand the forum is absolutely divided in their opinion.
I believe HR is a function representing Human Resources to the Management but often it is misunderstood and considered as other way around (representing Management). Compassion & empathy should be the way someone can win hearts but not by policing, authority & commanding. In this case, the alter-ego of HR Manager is visible clearly. It is very common for an employee to behave immaturely but I am surprised learning the HR Manager too was at his immature best. He neither showed compassion nor followed standard process.
Firstly either he can approve or disapprove the employee resignation 1st instance itself. If he disapproves, then there is a chance he can Terminate the employee. However, to go to that level, firstly a domestic inquiry along with proper hearing (with a facility for employee to call for 2nd inquiry) should happen. To complete the entire process, 45 days will anyway happen for the HR to Terminate the employee. Finally, HR Manager wins the long haul battle just to satisfy his ego by wasting so much office resources (time, material & money).
An issue which can be closed with just couple of phone calls or 1 to 2 direct discussions have transformed to this level. Whom to blame here?
3rd November 2017 From India, Hyderabad
Hello Everyone,
I have gone through the total replies and query at hand and I see many diversified views. Lets get to the Apex Law for the same i.e. Principle of Natural Justice. In the query at hand the medical problem with the employee is related to her eye. Eye is a very sensitive and very very essential organ of one's body.. I can assume from the Query that post a surgery she had some complications and by citing this instant reason she resigned.
Now coming to the various views.. I can safely assume that the job responsibility of the employee would involve using of her eye.. In such case if the HR had doubts that she is citing the fake reason the HR should have asked for the medical documents and get them verified from any doctor to clear the medical position, which is the best legal way also satisfying the Principle of Natural Justice. Because if her condition is really bad and you force her to serve the notice period and during that God forbid her vision gets effected adversely who shall be responsible.. Just keep yourself in her shoes and try to understand her situation..
I also understand that people many times exaggerate their actual condition but for that to know the true condition HR can always ask for medical opinion on basis of medical record..
One must be prudent and rational at the same time.. Be impartial and think from both persons perspective. HR's Job is not to follow each order of management blindly or to benefit the company on the cost of employee's health but to create balance between the management and employees.. We also know that at times Management asks HR to do things which are ethically wrong but one should atleast try to things which are right.. Kudos to person who posted this query .. atleast he wants to know what is right and what is not....
6th November 2017 From India, New Delhi
hi sir
This is swati. i was working in Japanese company since last 11 months. there was 6 months probation period. i have joined 23rd Nov 2016. In august 2017 my reporting boss went in Comma due to brain hammer-age, he is the Sr. Vice president of the company and very nice person. in September 2017 HR extended my probation period without any reason and said you know that your boss is in comma and he is the senior most guy in company so we can not decide anything. i accepted that letter but i objected the words which was written in that extended letter (your performance is not up to mark so we are extended probation.) on these words he explained it is our format so no worry about it, even my performance was good and my VP appreciated in written. In 25th oct 2017 they forced me to resign when i denied they terminated on spot without compensate now what should i do in this regard.
Swati Goyal
Asst. Manager
6th November 2017 From India, New Delhi
Ms. Swati : You seems to have got into the problem, largely your own making. You were appointed in Sept'16 with six months probation. So it should have been over by 23 March'17. Nothing happened till Sept'17 with the boss in coma from Aug'17. Now, they probably decided to get rid of you and extended your probation. So the probation was extended, but how long? Now they seek your resignation and when refused gave termination letter. The law point in your favour is that when the probation is extended, performance review can be done only at the end of the extended period and not in between, unless there is a gross incident which I presume was not there. So you can make an issue but its efficacy in getting proper relief remains to be seen.
6th November 2017 From India, Mumbai
For Madam Swati, I would suggest that she write a carefully worded letter to the management about her professional performance which she claims is good and has been appreciated in writing.
She needs to bring out that she objected to the word professional performance was not good in discussion with HR Manager.
One must always remember what is put in writing has precedence over verbal assurances.
Who conducted performance review and what was documented about performance in professional work as HR?
Madam requires to move on to another job but insist upon 2 months compensation and favourable relief letter.
Actions of company appear to be incorrect and hurriedly done in absence of the VP who is unwell.
26th November 2017 From India, Pune
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