Dear Sir,
I need your help in the matter of F & F settlement of an employee. Since management asked the employee to resign as performance is not upto the management satisfaction level.
I called the employee and asked him to resign. Inspite of giving resign he urged and denied to give the resignation.
Now being a HR how can I settle his full and final. Since to file the resignation letter in the personal file is mandatory and he is not writing.
Please help me out in this matter.
Regards,
Sunil Singhal
From India, Solan
6I need your help in the matter of F & F settlement of an employee. Since management asked the employee to resign as performance is not upto the management satisfaction level.
I called the employee and asked him to resign. Inspite of giving resign he urged and denied to give the resignation.
Now being a HR how can I settle his full and final. Since to file the resignation letter in the personal file is mandatory and he is not writing.
Please help me out in this matter.
Regards,
Sunil Singhal
From India, Solan
Hi Sunil
I guess you should issue him a termination letter in case he has already been briefed about his performance and management has also decided to terminate his services
Actually as per my understanding,an employee is asked to resign from the services of the company due to poor performance and not issued a termination letter because the termination letter can spoil his future career whereas if he resigns and gets a resignation acceptance or relieving letter from the HR then he can show it as normal exit procedure to the future employer .So if he gives a resignation letter its better for him only
I hope this makes sense to you
Thanks and Regards
Indrani Chakraborty
From India, Pune
I guess you should issue him a termination letter in case he has already been briefed about his performance and management has also decided to terminate his services
Actually as per my understanding,an employee is asked to resign from the services of the company due to poor performance and not issued a termination letter because the termination letter can spoil his future career whereas if he resigns and gets a resignation acceptance or relieving letter from the HR then he can show it as normal exit procedure to the future employer .So if he gives a resignation letter its better for him only
I hope this makes sense to you
Thanks and Regards
Indrani Chakraborty
From India, Pune
Dear
If he is a permanent employee and you terminate him on grounds of performance or imputing his conduct ,if he challenges you , you will be in a legal soup. In such challenge you will have to conduct an enquiry and go by the report of the Enquiry Officer.
With Regards
V.Sounder Rajan
E-mail : rajanassociateseth.net
From India, Bangalore
If he is a permanent employee and you terminate him on grounds of performance or imputing his conduct ,if he challenges you , you will be in a legal soup. In such challenge you will have to conduct an enquiry and go by the report of the Enquiry Officer.
With Regards
V.Sounder Rajan
E-mail : rajanassociateseth.net
From India, Bangalore
Dear Mr Sunil
I guess you should also keep in mind the issue pointed out by Mr Rajan before terminating his services
Dear Mr Rajan
Thank you for your valuable comments
Thanks and Regards
Indrani Chakraborty
From India, Pune
I guess you should also keep in mind the issue pointed out by Mr Rajan before terminating his services
Dear Mr Rajan
Thank you for your valuable comments
Thanks and Regards
Indrani Chakraborty
From India, Pune
:D
Im totally satisfied with the statement of Indrani, but in few matters to be solved :-
1. The Termination order to an employee (in this case) will be negatively effect the company, and as a HR the particular person will be liable for certain court proceedings.
In my point of view this particular employee is willing to do so, by delaying the resignation letter, if company is making termination he can claim, certain benefits from the company as per laws!!, though the final verdict is against him, he can make a bad impression amoung the public.
In my opinion is that, relive him in a mutual understanding
Regards,
Linnan
From India, Mumbai
Im totally satisfied with the statement of Indrani, but in few matters to be solved :-
1. The Termination order to an employee (in this case) will be negatively effect the company, and as a HR the particular person will be liable for certain court proceedings.
In my point of view this particular employee is willing to do so, by delaying the resignation letter, if company is making termination he can claim, certain benefits from the company as per laws!!, though the final verdict is against him, he can make a bad impression amoung the public.
In my opinion is that, relive him in a mutual understanding
Regards,
Linnan
From India, Mumbai
If the employee is reluctant to resign, then you can cut down on all the benefits, stop giving him any work, this will automatically make him to leave the organisation. And again this depends on the size and standard of the organisation. If you have a proper process and procedure in place then it will not be a hassle to close this task, but if it is a small org then it can be a little tidious process. Anyways the org must anyhow elimate weeds or it will pose to be a problem for the development of the organization. So go-ahead pull the guy along with his manager and performance data,let the manager open talk with the team member,let the manager leave the cabin and then listen to the guy's feedback, and then tell him very firmly the decision taken by org. " Boss you are relieved from the org due to poor performance, please put down the papers and your good sake, we will give you a proper send off with al the papers ".
Regards,
Raj
From India, Madras
Regards,
Raj
From India, Madras
Hi All
From a Legal point of view, the Company just cannot issue a Termination Letter on its whim (Ref my Article 'Termination Legalities' for details).
It is best to reach an amiciable solution to this issue by coaxing the employee to resign.
Regards,
Brandon
From India, Calcutta
From a Legal point of view, the Company just cannot issue a Termination Letter on its whim (Ref my Article 'Termination Legalities' for details).
It is best to reach an amiciable solution to this issue by coaxing the employee to resign.
Regards,
Brandon
From India, Calcutta
Hi
Before initiating termination of service, the employee has to be given sufficient opportunities to correct himself/to defend his case. The employee has to be given notice for poor performance or deficiency in performance etc and his reply has to be sought. We can also have the performance appraisal forms of the concerned employee as the basis for the disciplinary action.
If we are really interested in correcting the employee, he can be counselled and trained to overcome the shortcomings.
If we take all these precautions, it will be useful for us while defending our action in the court, if required.
Thanks & Regards
Kalyan R
From India, Madras
Before initiating termination of service, the employee has to be given sufficient opportunities to correct himself/to defend his case. The employee has to be given notice for poor performance or deficiency in performance etc and his reply has to be sought. We can also have the performance appraisal forms of the concerned employee as the basis for the disciplinary action.
If we are really interested in correcting the employee, he can be counselled and trained to overcome the shortcomings.
If we take all these precautions, it will be useful for us while defending our action in the court, if required.
Thanks & Regards
Kalyan R
From India, Madras
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