Was My Friend's Termination Fair? Navigating Notice Period Conflicts and Shift Changes

Hi frns…

One of my friend is working with an ITES company as a BPO executive. Tz month he resigns from the org due to further studies, and mgt accept his resignation. But mgt ask him to serve notice period of one month. Before giving resignation he used to come in day shift, but now it's not possible for him bz he have to attain college also, so he said to mgt that he will come in night shift in this month (notice period). But mgt denied this and said you have to come in day shift only. The next day of this conversation he came in evening without prior information. So on the same day he got a termination mail from the mgt. and the reason was behave.

Do you think there is any kind of misbehave?

And he didn't sign any kind of bond with the company. So according to you if company takes this step (termination) would be right. And the employee is terminating than would action he could take for his safety.

waiting for your reply.....:(

Hi,

If the term of probation is given through a letter or in written communication, then the company can terminate the employee during the probation period if it is specifically stated in the appointment/offer letter. Otherwise, they could do so only with a month's salary and proper intimation. They cannot simply terminate an employee without any written or formal communication.

This is what I feel.

KB

Guys, please reply.

Hi Swathi,

Your friend should have informed the company in advance about his resignation because he was aware of the details of his college timings. Today, everyone is aware of the fact that the notice period must be served by an employee before resigning, something he should have considered earlier. An employee cannot serve the notice period at his convenience; it must align with the company's requirements. Therefore, the company has the right not only to terminate the employee but also to withhold his salary in lieu of the notice period.

Dear Swati,

Whether you like it or not, this is what you call a clear case of management muscle flexing. If the management wants, they can easily accommodate the person by giving him evening or night shifts, but they won't do that. They purposely harass the employee, as a result of which the employee does exactly what the management was expecting him to do, and the result has led to him being shown the door.

Now the question arises as to why the management would behave in such a way? Well, the answer is very simple - to save the salary of the last month and, if possible, get him to pay the notice period money; in turn, in case he leaves by not serving the same. The best advice would be to keep quiet and forget the matter. There is no respite for the employee in such an issue.

Another option is to pay the notice money and somehow convince the management to withdraw their termination and show it as a normal resignation procedure. This way, he can get a relieving as well as an experience letter, which will be of help to him in the future.

Regards

Dear Divya,

He already informed the company, which means this month he was ready to go to the office but in the night shift.

Hi Swathi,

Kindly take a look at his offer letter; it would clearly state that the person should be available to work in shifts, and this is applicable while he serves the notice period. So in this case, though an employee requests, if the management feels that they could not accommodate him in the night shift, he should be willing to work in the day shift. An employee cannot work in his said timings; it's the management that could decide on that.

As you have mentioned, the very next day of his coming to work in the evening, he had been terminated. In this case, better check the termination process and check if "absenteeism" comes under major misconduct. If so, check the process; else, ask your friend to go and meet the HR and explain his position. He could probably make a written request that he could continue working in the night shift if there is any possibility.

Regards,
Priya

Yes, this behavior amounts to disobedience and not carrying out the task/instructions as per his work area. Since he is a morning shift worker and without instructions to work in the night shift, he has, in fact, violated the norms of the office. Without proper authorization and permission from his senior, why did he attend the office in the evening? This is clear misconduct on his part, and the office is liable to take action as they deem fit or as per the clauses of their appointment letter.

Terminating that employee is the right decision from the management; it's a breach of the company rules. Why does the company always think about others' benefits only? If that employee is shifted to the day shift, he has to follow. There must be some objective behind posting him in the day shift. And yes, this is one kind of serious misbehavior.

Dear Swati,

This is the problem of your friend. It is not his choice to work as per his will; it is management's choice to decide the shift. Of course, management cannot immediately terminate his services.

Regards,
J.S. Malik

Hi,

Your friend should play his cards well. He can't have his bread and eat it too. Wise enough would be to pay the notice pay and take the experience certificates.

As per the rules of the government, any employee is terminated after receiving two caution letters. After that, they would be terminated, and if they are under the probation period, they can be terminated immediately.

Swati,

Your friend can't choose shift - day or night.

Management can make decisions, but the process of termination is wrong.

Dada

Dear,

It is a real HR issue. Ask him to discuss his problem. If he is on the notice period, Management will definitely accommodate him.

With Regards

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Hi Swati,

Management has already informed him that they are not ready to accept him in the night shift. Then, why should he attend? This clearly shows his misconduct. However, for this reason, the management should not terminate an employee. Ask your friend to try to solve this issue and obtain the relieving letter with good conduct.

Ganesh P

Swati,

Although the employee has resigned and the management has accepted the resignation, there seems to be a strained relationship with the management. Neither did your friend honor the acceptance of serving the notice period as committed to the management nor did the management agree to the constraint that the employee requested. As a knee-jerk reply to the management's rejection, your friend did not turn up, and the response to that was firing orders.

All said and done, the employee has to honor the organization's needs. He can request a deviation but cannot challenge or ignore. Normally, organizations have more patience and overlook such slippages unless they are already waiting for an opportunity to fire him. Hope it helps.

Hi friend,

Please contact the management and send a letter by mail mentioning that if they proceed with this action, you will take the matter to the civil court and NHRC (National Human Rights Commission). Include a copy of your admission proof. Also, state in the letter that you are prepared to serve a notice with a request for a shift change.

If they still do not take action, email NHRC and CC your higher management. No reputable company would want to take wrongful action against you.

Please do try it.

Sanjay Sharma

Hi, this is Navneet.

I was previously working with one of the top banks in our country at a managerial profile. I was recruited on-campus. I worked with that organization for about 8 months. I was misled by some members for the forgery, so I claimed a false transport claim. I was caught, and they terminated me. I could never imagine that I would lose my such a good profile job for such a stupid mistake of mine done unintentionally.

Now I am applying for a job. So I would like you to suggest whether I should show my work experience in interviews. I don't have any relieving letter as I was terminated. If I show my work experience, the interviewer would point out why I was terminated or left the job. So should I narrate the real story to the interviewer or not show any previous work experience? I don't have any work-ex certificate, so can I ask my previous bank for the work certificate.

Please do send me some good suggestions as soon as possible at my email address given below.

With Regards, Navi (name undisclosed)
navi7860@yahoo.com

Hi,

You have to check his Offer Letter concerning the probation period and termination clause. If he is in the probation period, then the organization has the right to terminate any employee at any time without prior notice. However, if he has completed his probation period, then the company must give a one-month prior notice. Otherwise, the organization has to pay one month's salary to make the immediate termination effective.

I liked your frank admission of your mistake (and learning from it). Unfortunately, Indian companies are not mature enough to appreciate such a thing; although they may ask you at the interview, the much clichéd question - tell us about the mistakes you have made. Still, I would suggest you go with the truth. Truth is a very strong weapon. Not only will it account for the work experience, but it will also indicate that you are mature enough to realize your mistake and learn from it to emerge stronger.

Regards.

Dear Awvik,

You have grasped the bare essentials! I appreciate your experience and insight. I hold exactly the same view in this case.

Regards.

No, he could not be terminated without prior notice; however, he/she will be ready to serve the notice period. In this matter, time is of no matter.

This is my view, my final view can be changed if you can provide me his/her appointment letter.

Kamlesh