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Anonymous
Dear Advisors, Why do many MNCs ask employees to resign instead of termination when they are found guilty of gross misconduct? Does this rule apply to all violations? Does it depend on HR's decision? Can someone please give me a clarification?

Thank you

From India, Hyderabad
Dinesh Divekar
7855

Dear member,

Once the senior authorities decide to check out the employee, they hand over the matter to HR. If employee conducts misconduct, then they are required to follow a complete process of discipline. The critical aspect of the process is to conduct domestic enquiry. To avoid taking this long and onerous route, they ask the employee to submit a letter of resignation.

Again while accepting the resignation letter, they tell the employee to not disclose the actual reason but quote the reason as 'personal'. By doing this, they give a semblance of normalcy to the process of separation.

Asking the employee to resign is common in Indian companies also and not just in the MNCs.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Thank You Dinesh Divekar Sir,

In regards to one of your comments in a post, does decision making in gross misconducts vary? Also, which one is critical, PoSH or just accessing the data something which one should not? Like you said, comparing the two is not ideal, but asking to have some confirmation.

Thank you

From India, Hyderabad
Dinesh Divekar
7855

Dear member,

The punishment is decided on the gravity of the misconduct. Whether under the PoSH or because of the breach of data security, if the misconduct is minor, then the accused may be given a minor punishment. But if the misconduct is serious, then the punishment could be termination of the services.

The other factors that influence the decision-making process are the length of the service of the accused, relations of the accused with the HOD, his/her performance, whether the employee possesses unique skills, whether the misconduct was done for the first time etc.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Thank you sir for your valuable insights.
From India, Hyderabad
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