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
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
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?
From India, Thane
From India, Chennai
nathraoEmotional 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
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 .
From India, Thane
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