Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Sir, My husband is working with a brand organization.he is having an experience of 11 years.he was a good performer and achieved the targets as well. In approximately December they he send a mail in regards to PIP(performance improvement plan). He has been told to improve the performance.he said ok will improve in his last organization he was BM and handling a team of 15-20 employees. At the time of hiring he has been told that u will be having a team at least and u will be handling ulhasnagar location and at the time of joining he has been transferred to thane location and after 6 months again he has been transferred to ulhasnagar without any intimation. He never resigned in between because of liabilities at home and his CV will get affected. He asked for manpower that has not given to him.His supervisor and super boss refused.
After sending that mail in December in regards to PIP.. no documentation done on pip no discussion from HR.she never contacted and not even receiving the calls. Later on march 7th she called in conference with his boss and said u resign or we will terminate u. My husband decided to resign and resigned on same day.but now after that on 27th March she agined called up in conference with super boss and convincing my husband to change the date of notice period in system from 3rd June to 31st march.she wants to give her waiver and asking for a mail from him. Pressuring him to do the so... He requested her that I am having liabilities and my wife(myself) is expecting and is having complications and we have a home loan and in-laws are also dependants. They are not ready to listen. He is not having any job in hand and she is not allowing a smooth relieving. She (hr) is pressuring that she will terminate him... My question - Is termination possible when employee is resigned? What to do in such case? We need help and suggestions as only 3 days pending. Request your suggestions sir.... Please help. Thanks and regards Garima read more at: https://www.citehr.com/597467-termin...ml#post2387712

From India, Thane
Dear Garima,
Though this is your side of the story, the manipulative tactics of the HR in an unholy unison with the CEO of the organization indicates that the position held by your hubby has become redundant and hence they've already made up their mind to get rid of him at any cost. From your narration it seems that your husband is not a workman to seek remedy under the Labor Laws. It is also not clear whether his overall experience of 11 years pertains to this particular Company. Whatever it be, while the incidents narrated shows the management's schematic approach to send him out, how your hubby miserably failed to realize the gravity of the situation and to take necessary alternative steps. The lady HR's insistence on revising the effective date of resignation is quite unprofessional. When there is no guarantee of the waiver of the notice period by the management, no necessity for the individual to stoop down any more. Therefore, let him write back courteously to the management that he can consider revising the effective date of his resignation as per their oral request only in case of written communication of the waiver of notice period by the management. Otherwise he has to attend to his duties as usual till the expiry of the notice period. They may resort to indignance. But they can not terminate an employee when he has already submitted his resignation with due notice.

From India, Salem
Dear Garima,
No company has the right to terminate any employee without giving a proper reason. if your husband was in PIP, then they would have shared revised roles and responsibilities, on confirmation and on a regular interval, the Reporting manager / HR would communicate on his performance. on unsatisfactory, they will terminate the employee or request him to resign. they need to have proper documentation to terminate. irrespective to the non-performance the employer need to pay a severance package.
Check his appointment letter, under termination of employment clause. what is the notice period? incase if they don't want an employee to serve a notice period, then they will have to pay the salary on behalf of his notice period.
my assumption is that the company is asking to pre-date the resignation to avoid the severance pay. ask your husband to talk to the HR and try to solve it amicably.

From India, Chennai
Dear moseskao,
What you have mentioned is correct and they are pressuring him and we have decided to talk to hod (hr) in this regards and all his supervisor said it is incorrect but no one is ready to confront and support us.except they are providing numbers and email IDs.
Yes- They want him to do the same u mentioned in your suggestions- the company is asking to pre-date the resignation to avoid the severance pay.
The notice period is of 3 months... The date of relieving is 3rd June which is captured in system. But they want him to drop a mail by saying that his last working date is 31st March.. and he is ready for waiver... So they are not obiliged to pay any thing to him and can get rid off.
The hr is not ready to talk to him. She dint even came forward to initiate the discussion in regards to PIP or separation. No proper documentation has done.
Only one single mail as an order that is it. And everything was verbal.
The moment on 6th March she called and said u resign or else we terminate u... He resigned politely.she not even asked the reason,no discussion is done... never any voe discussed... She has not shown her face in all these years.
He dint left the organization initially because his career will go on toss. Stability matters.
In his last organization(bank) he was there for 5 years and has been promoted as a sales person his rappo is very good.
It's not that he is my husband.but he has earned all these appreciation.
I was also an HR in a reputed bank and have never seen these kind of behavior of HR ... No ethics nothing.... Hr is to be true.
What else can be done?
Incase..If they will not listen?
Regards
Garima

From India, Thane
Dear Garima,
https://www.google.co.in/amp/wap.bus...1000750_1.html

From India, Chennai
Emotional approach will not help and acting under emotional stress is worse.
Company wants your husband out and they want to keep their paper work safe and legal and put blame on employee.employee is on PIP and he has resigned and we have accepted.
So deal matters in calm fashion and in writing only, to leave documentary trail.
""Later on march 7th she called in conference with his boss and said u resign or we will terminate u. My husband decided to resign and resigned on same day.but now after that on 27th March she agined called up in conference with super boss and convincing my husband to change the date of notice period in system from 3rd June to 31st march""
What date did your husband put for resignation?
Do not agree for predating resignation in any way.
he has been removed unceremoniously, at least insist on severance pay.
Some employers are so stingy and penny pinching that they ill treat employees for a few thousands.
Do not beat around the bush or accept any pressures.

From India, Pune
Dear nathrao,
He has been told to resign on 5th march 2018.he resigned as the system they follow is not as per policy. He discussed with me I said to move ahead and resign.but now they are pressuring him by saying "we will provide u basic salary of 2 months and u have to adjust." Otherwise we will lock your system and all.
I told him to talk in regards to policies of organization in which pip the definition of PIP is different from what they have done. So the answer from HR is like we have done all the legal documentation against u. Initially and we have given intimation as well. Everything is verbal.
Please suggest and share more ideas on this. How to deal with them .
Regards
Garima

From India, Thane
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™