Dear friends,
This is not a question on the duration of the notice period; irrespective of whether it is one month or three months.
The points at issue, are :
Is there a difference between "Resignation" per se and "Notice of resignation" ??
Whether the employer has the right to terminate employment unilaterally, when an employee is giving a notice of resignation which covers the notice period ??
Can the employer FORCE a waiver of the Notice period; when the employee is NOT asking for it; on the contrary he wants that the notice period should be honoured.
If this is correct, then why should an employee ever give a notice of resignation, and comply with the terms of agreement ??
If an employer does not want an employee to continue after he has submitted a Notice of resignation; IS IT NOT THE EMPLOYER"S CHOICE/DECISION ?? In that case should not the employer honour the agreement and the notice period therein ??
How can it be a one-sided agreement when the notice period specified is by either side ??
Answer to these question will lead to the answer to the issue. However, it requires an OPEN MIND and not "this is how it is done in my company" attitude.
I hope our would be HR professionals would shed their "babu" mentality and explore and be willing to accept and learn new things. Alternatively, one can also choose the security and safety of the frog in a well - one has to make one's own choice.
It is one thing to toe the line of the management to save one's job as HR; and entirely another to not even know what is wrong or right. Perhaps it is the latter, that results in the former. Unless one is competent enough to know what is right, one has to accept whatever is asked.
Warm regards.