Navigating Resignation Timing: When Should a Non-Performer Resign After Notice?

Dear all,

If an organization is giving a two-month notice period to a non-performer to leave the company and asking for resignation by the employee rather than terminating them, when should the employee resign? Should it be on the day when the notice is given, or can they resign just before a month or 15 days from the last working day?

Please provide your views from both the employee's and employer's points of view.

Regards,

Dear Sharma,

Can you answer the following questions:

1. What is the termination clause in the appointment letter?
2. Is it a 2-month notice from the company side in writing or verbal?
3. Has your friend expressed any desire in writing?

I will be waiting for your inputs.

Dear All,

Greetings,

There is a Performance Improvement Plan (PIP) in every organization for non-performers, which may vary from one organization to another. Your friend may have received a letter stating that within a 1-2 month period, they need to improve their performance. The company reserves the right to terminate the employee, or the employee can choose to resign if performance does not improve. In this scenario, a 1-month notice period is provided for the employee to enhance their performance. If there is no improvement after this period, the employee may be relieved immediately, or the company will terminate their current duties.

Thank you.

Dear clskolkata,

Please find answers to your queries:

1. The termination clause states that the "contract of employment can be terminated either by providing 15 days' notice during probation or one month's notice on and after the confirmation of services, or on payment of salary in lieu of the notice period."

2. The two months' notice is verbal only as she will submit her resignation before one month of leaving.

3. She didn't ask this question in writing considering her career point of view because if it were in writing, they might include termination clauses. She is currently under the probation period.

Regards,

Subject: Termination Clause in the Appointment Letter

1. What is the termination clause in the appointment letter?
2. Two months' notice from the company's side, in writing or verbally.
3. Has your friend expressed any desire in writing?

I will be waiting for your inputs.

All the clauses in the appointment letter have no value. If the company wants, they can do anything. If they decide that you should not complete two months, they would state that you pay and leave immediately. Else, they may even prevent you from entering the office and you need to face ignominy.

In IT companies, there are no work ethics. There is forced resignation and not termination. Termination gives a black mark on a career, and people resign and leave. The appointment letter is a farce. Usually, gratuity is given as a token of appreciation. Now, gratuity is included in CTC, which is wrong. But many IT companies adopt this technique, and this can never be questioned. Merit has no worth in the IT scenario.

I completely agree with the observations made below relating to the subject matter.

It's necessary to have a PIP system, and the employee should be given a written warning stating the reasons and the time period for improvement to be specified. Termination should be given on the third (or second, depending on the organization's policies during formation) warning letter where the period of release is stated in the letter, hence gets filed along with the resignation letter.

Rama Mylapore

Greetings,

There is a system of PIP in every organization for non-performers, where according to organization to organization, it may differ. I hope your friend has received a letter stating that within a 1-2 month period, they need to improve their performance, or the company has the right to terminate them. Alternatively, they can resign from the job if they don't raise their performance bar. In this case, a 1-month notice period is already given to the employee to raise their performance. So, after 1 month, if they have not improved their performance, they can be relieved immediately. Otherwise, the company will terminate them from their current duties.