I worked in a company and was serving a notice period of 2 months. And I was about to complete the notice period (only 10 days were left). Then the company terminated me saying you are an underperformer for the past few weeks. And they did it purposely.
From India, Thane
From India, Thane
Dear Zycus,
While on the notice period, was there a drop in performance? Did you try to evade the duties? Why did the senior management feel that you were a liability to the company?
Did the company pay you the salary for the last month? Probably your company has terminated you to avoid the payment of the salary for the last month.
Is your termination a malicious act by the top-management personnel? Why did he/she want to teach you a lesson? Identifying your vulnerability, why did he/she strike at you?
Anyway, your company could have avoided bitterness at the fag end of your tenure. You may put up an application to the MD and ask for converting termination into a normal discharge i.e., advance the date of your separation. At this stage, getting an unblemished "Employment-cum-Service Certificate" is important to you. Therefore, be flexible. Flexibility may mean even bending backwards also.
Thanks,
Dinesh Divekar
From India, Bangalore
7855While on the notice period, was there a drop in performance? Did you try to evade the duties? Why did the senior management feel that you were a liability to the company?
Did the company pay you the salary for the last month? Probably your company has terminated you to avoid the payment of the salary for the last month.
Is your termination a malicious act by the top-management personnel? Why did he/she want to teach you a lesson? Identifying your vulnerability, why did he/she strike at you?
Anyway, your company could have avoided bitterness at the fag end of your tenure. You may put up an application to the MD and ask for converting termination into a normal discharge i.e., advance the date of your separation. At this stage, getting an unblemished "Employment-cum-Service Certificate" is important to you. Therefore, be flexible. Flexibility may mean even bending backwards also.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Zycus,
We are unable to discover the facts leading to your cryptic accusation that the employer resorted to terminate your service ' purposely ' as mentioned in your post.
The period of notice prior to resignation does not place the employee in some sort of privileged position to escape the disciplinary control of his employer, if it is to be genuinely exercised. The employee is bound to discharge his duties during the notice period also as diligently as before. If any short coming is noticed by the employer in work related matters during the notice period so as to warrant disciplinary action and award of punishment including dismissal, the facts of resignation by the employee earlier and the pendency of the notice period yet to be served cannot be bar to the employer's right to initiate disciplinary proceedings.
Better try to have an introspection into the march of the events before and after the submission of your resignation like the immediate superior's reaction to your resignation perhaps in the interest of the organization, your own performance and arrive at a dispassionate conclusion.
In my opinion, sudden drop in performance, per se, cannot be a ground for summary termination when the employee is at the fag end of his notice period on resignation. At best the employer has the right to extend the notice period so as to make the shortfall good, if it is related to the quantum or cancel the acceptance of the resignation and initiate formal disciplinary action, if the shortfall in performance is relatable to poor quality which ultimately culminated in any sort of losses to the organization.
Anyway, in the interest of your career prospects and to avoid a long drawn legal battle for seeking redressal, you may consider the suggestion of Mr.Dinesh. If it becomes futile, you can knock the doors of Law depending on the capacity of your employment either for the breach of the terms of the contract of employment or the illegal termination without following the procedure established in the Industrial Disputes Act,1947.
From India, Salem
We are unable to discover the facts leading to your cryptic accusation that the employer resorted to terminate your service ' purposely ' as mentioned in your post.
The period of notice prior to resignation does not place the employee in some sort of privileged position to escape the disciplinary control of his employer, if it is to be genuinely exercised. The employee is bound to discharge his duties during the notice period also as diligently as before. If any short coming is noticed by the employer in work related matters during the notice period so as to warrant disciplinary action and award of punishment including dismissal, the facts of resignation by the employee earlier and the pendency of the notice period yet to be served cannot be bar to the employer's right to initiate disciplinary proceedings.
Better try to have an introspection into the march of the events before and after the submission of your resignation like the immediate superior's reaction to your resignation perhaps in the interest of the organization, your own performance and arrive at a dispassionate conclusion.
In my opinion, sudden drop in performance, per se, cannot be a ground for summary termination when the employee is at the fag end of his notice period on resignation. At best the employer has the right to extend the notice period so as to make the shortfall good, if it is related to the quantum or cancel the acceptance of the resignation and initiate formal disciplinary action, if the shortfall in performance is relatable to poor quality which ultimately culminated in any sort of losses to the organization.
Anyway, in the interest of your career prospects and to avoid a long drawn legal battle for seeking redressal, you may consider the suggestion of Mr.Dinesh. If it becomes futile, you can knock the doors of Law depending on the capacity of your employment either for the breach of the terms of the contract of employment or the illegal termination without following the procedure established in the Industrial Disputes Act,1947.
From India, Salem
Zycus - it is ok and absolutely fine. Your Organization has released you 10 days prior to your last working date.
Have you had real work performance issues? If yes, then Organizations usually don't go about firing an employee like this. Usually performance issues are communicated to the employee and an action plan is readied and agreed upon. Mostly, dissatisfactory work performace issues are also not mentioned in an employee's work experience/ release letter, because it reflects poorly on the Organization itself.
If you did not have any work performance issues and have a clean experience certificate - then it is ok, there's nothing to worry about.
From India, Delhi
Have you had real work performance issues? If yes, then Organizations usually don't go about firing an employee like this. Usually performance issues are communicated to the employee and an action plan is readied and agreed upon. Mostly, dissatisfactory work performace issues are also not mentioned in an employee's work experience/ release letter, because it reflects poorly on the Organization itself.
If you did not have any work performance issues and have a clean experience certificate - then it is ok, there's nothing to worry about.
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf