Anonymous
The Employer asked the Employee to resign. The grounds were employee didn’t perform well. The Employer did not want to terminate as the company's face value will hamper. So the company asked the employee you resign. The employee resigned and within 1 week the company said it's your last day. Now the employee is asking the company for 2 months' salary. If the company does not pay then it will be forced resignation the employee says.
Can you advise me from the companies point of view here I want to save the company.

From India, Vijayawada
Dear Priyal,

If the employee does not perform well then why the employee should not be terminated? How termination reduces the brand value of the company is not understood.

Nevertheless, the via media is to ask the employee to resign. Your company did that. But then what was a problem in allowing him/her to complete his/her notice period? If the company did not wish the employee to complete the notice period then it should have paid the salary in lieu of the notice period. Your company has done it neither! By not honouring the conditions of the employment mentioned in the appointment letter, how the company will maintain it's brand image is best understood by the promoters!

Your company wants to have a cake and it too! Better not to play such tricks. If the employee were to approach the labour court or civil court, will the litigation increase or decrease the face value?

If the employee did not perform well then did your company order domestic enquiry to prove the under-performance? Before termination, to prove the under-performance conducting domestic enquiry mandates as per principles of natural justice. Did your company adhere to Article 25 of the Constitution of India?

It appears that your company has pushed itself into a predicament and wanted to wriggle out from it. Sorry, the only legal option left is to honour the terms and conditions mentioned in the appointment letter. 

Thanks,

Dinesh Divekar

From India, Bangalore
Dinesh Divekar
Thankyou for your time and consideration on this topic but ,
Now that such situation is arrived can u please help me to find solutions or any similar case laws to it.
as far as concerned with the serving the notice period within one week of his resignation they said its his last day and ended it there.

From India, Vijayawada
rkn61
463

Can you reproduce the Clause of Separation mentioned in the appointment letter of the concerned employee, to enable us to give suitable advice.
From India, Aizawl
Rkn61 hello , i am sorry i dont think i could do that It would be of great help if u could even give me any similar case laws in this context for me to refer .
From India, Vijayawada
Dear Priyal-Bung,
You are seeking advise for and on behalf of your Company.
I can only say that your Company is engaged in BAD AND ILLEGAL HR PRACTICES.
Demand by employee is very much justifiable when your company is reliving him on earlier date. The employee has not requested for early relieving.
What case law you want? Is it with you what you will do? Give my email id to that employee. I will give the case law what you want thru him.
I am sorry, I have no option but to expressed such harshness on your query. I suppose you are HR Professional.

From India, Mumbai

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