Hi Arpita,
In either of the case there will be severance of the employee and employer relationship , hence the first question is why you want to terminate such employee ?
The employee relieved after termination has stigma.
However every employee has to follow rules / guidelines as per standing orders / service contract till the last minute of his working whether normal or in notice period and employee committs grave misconduct during this period , you can terminate his services with due proceedings.
Regards,
Raj Kumar Rai
From Australia
1In either of the case there will be severance of the employee and employer relationship , hence the first question is why you want to terminate such employee ?
The employee relieved after termination has stigma.
However every employee has to follow rules / guidelines as per standing orders / service contract till the last minute of his working whether normal or in notice period and employee committs grave misconduct during this period , you can terminate his services with due proceedings.
Regards,
Raj Kumar Rai
From Australia
As per my view , unless and until resignation is accepted, an employee deemed to remain employee and thus management has full right to reject his resignation and may order for his suspension followed my proper inquiry on the subject.
vinay
d.dun
From India, Delhi
vinay
d.dun
From India, Delhi
Dear Mr. Rajeev
I hope you are educated but i have no idea how you became HR PROFESSIONAL.
a) Are you aware of what is being discussed in this thread?
b) Can you define the MAJOR PURPOSE of launching CITEHR COMMUNITY?
Why are you people not following basic ethics...How did you acquire your EDUCATIONAL QUALIFICATIONS so called DEGREEES....Please use your COMMON SENSE and APPLY LOGICE before you do anything.
In the middle of discussion, you are posting your requirement...Whatever you did, do you call it as PROFESSIONAL APPROACH? People like are degrading CITEHR because you are not using your BRAIN...Start using it, so that you can really grow up............WAKE UP MR.RAJEEV
I request all SENIORS, MODERATOS, MENTORS, MOTIVATORS to educate people like Mr. Rajeev. Its our prime job, only then we can make the best use of this community.
With profound regards
From India, Chennai
I hope you are educated but i have no idea how you became HR PROFESSIONAL.
a) Are you aware of what is being discussed in this thread?
b) Can you define the MAJOR PURPOSE of launching CITEHR COMMUNITY?
Why are you people not following basic ethics...How did you acquire your EDUCATIONAL QUALIFICATIONS so called DEGREEES....Please use your COMMON SENSE and APPLY LOGICE before you do anything.
In the middle of discussion, you are posting your requirement...Whatever you did, do you call it as PROFESSIONAL APPROACH? People like are degrading CITEHR because you are not using your BRAIN...Start using it, so that you can really grow up............WAKE UP MR.RAJEEV
I request all SENIORS, MODERATOS, MENTORS, MOTIVATORS to educate people like Mr. Rajeev. Its our prime job, only then we can make the best use of this community.
With profound regards
From India, Chennai
Hi Arpita,
Same case was about to happen in my office also.But we have mentioned in our terms and policy document that an employee can not join any client of the company till two years.So this way we were secured and that employee didn't join our client.
So,please check your company policy document if this policy is there so non of employee can do like this.And if you don't have this policy so you should add this aspect immediately.
Thanks
Riddhi
From India, Delhi
Same case was about to happen in my office also.But we have mentioned in our terms and policy document that an employee can not join any client of the company till two years.So this way we were secured and that employee didn't join our client.
So,please check your company policy document if this policy is there so non of employee can do like this.And if you don't have this policy so you should add this aspect immediately.
Thanks
Riddhi
From India, Delhi
Cool cool every body.....................................
Dear Arpita,
What is the contents written at resignation letter submitted by him?
If he himself apologized and agree to mistake committed in the resignation letter then based on your analysis/results and manager consent you can terminate him with immediate effect.
But it would be better if you take another letter from the employee stating for release me with immediate effect and you can accept his resignation letter and release him(not terminate) ,but on the letter of agreement of termination against contact letter(issued at the time of his joining) you can write the cause of his resignation/termination of contracts letter with your organisation.
From India, Delhi
Dear Arpita,
What is the contents written at resignation letter submitted by him?
If he himself apologized and agree to mistake committed in the resignation letter then based on your analysis/results and manager consent you can terminate him with immediate effect.
But it would be better if you take another letter from the employee stating for release me with immediate effect and you can accept his resignation letter and release him(not terminate) ,but on the letter of agreement of termination against contact letter(issued at the time of his joining) you can write the cause of his resignation/termination of contracts letter with your organisation.
From India, Delhi
Dear HR Managers,
My friend has also come across such sort of incidence. He is working in one of the leading private bank in india from last three years. as he get another oppurtunity to work so he resigned from his earlier company after clearing all there dues on first february 2011 and then ask his senior to accept his resignation but his senior had not accept the resign .he also get the salary of the february month then in the first week of the march 2011 his senior came and handing him over his termination letter in the wake of an issue regarding which my friend was questioned in the month of october 2010.
is this the right way of termination to somebody and what are legal course of action are open for my friend. please reply ASAP
From India, New Delhi
My friend has also come across such sort of incidence. He is working in one of the leading private bank in india from last three years. as he get another oppurtunity to work so he resigned from his earlier company after clearing all there dues on first february 2011 and then ask his senior to accept his resignation but his senior had not accept the resign .he also get the salary of the february month then in the first week of the march 2011 his senior came and handing him over his termination letter in the wake of an issue regarding which my friend was questioned in the month of october 2010.
is this the right way of termination to somebody and what are legal course of action are open for my friend. please reply ASAP
From India, New Delhi
Dear Amit,
It will not be wise to comment on the legality or illegality of the termiation without going through the nature of offense supposed to have been committed by your friend in the month of October. So, it will be quite premature to provide any proper solution in the absence of the detail of the incident on which he was questioned earlier.
You may, therefore, like to provide complete details of the incidence that your friend had to face on which he was questioned, the process adopted by the management to deal with that offence case, and also the case of resignation, including any correspondence entertained from and to the management during the process of resignation, as well as the contents of the termination letter.
The case would need to be reviewed in totality and not from a single point of view of termination letter only.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
[dcgroup1962@gmail.com]
From India, Delhi
It will not be wise to comment on the legality or illegality of the termiation without going through the nature of offense supposed to have been committed by your friend in the month of October. So, it will be quite premature to provide any proper solution in the absence of the detail of the incident on which he was questioned earlier.
You may, therefore, like to provide complete details of the incidence that your friend had to face on which he was questioned, the process adopted by the management to deal with that offence case, and also the case of resignation, including any correspondence entertained from and to the management during the process of resignation, as well as the contents of the termination letter.
The case would need to be reviewed in totality and not from a single point of view of termination letter only.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
[dcgroup1962@gmail.com]
From India, Delhi
DEar Arpita,
The reply to your question has to be dealtwith in two parts.
1. the resignation submitted by the employee is not complete until the same is accepted by the employer.
2. termination of employment is the out come of two circumstances:
a) after serving a notice if stipulated in the terms of epmloyment with the grounds of termination
b) after providing natural justice to the employee to defend himself against the allegations stipulating the misconduct by way of a charge memo followed by an domestic enquiry. prove him guilty of the misconduct and then terminate him.
in the circumstances expalined by you mere acceptance of his resignation will serve your purpose of keepin him out of your employment.
Partha Chakrabarty
From India, Mormugao
The reply to your question has to be dealtwith in two parts.
1. the resignation submitted by the employee is not complete until the same is accepted by the employer.
2. termination of employment is the out come of two circumstances:
a) after serving a notice if stipulated in the terms of epmloyment with the grounds of termination
b) after providing natural justice to the employee to defend himself against the allegations stipulating the misconduct by way of a charge memo followed by an domestic enquiry. prove him guilty of the misconduct and then terminate him.
in the circumstances expalined by you mere acceptance of his resignation will serve your purpose of keepin him out of your employment.
Partha Chakrabarty
From India, Mormugao
hi arpita
- there is no law which states that u cannot take disciplinary action against one who has committed some misconduct.
- one is an employee till he is relieved officially
= but u hv to see what is that breach of trust and how much damage it has caused to the organisation. if it is serious certainly u can take action, as this will b lesson to all
- but this is legal process, till the same ends, it is commitment to both the parties and the procedure is always cumbersome and lengthy one. also the same are questionable in courts.
- so i feel, if the breach of trust is not serious, relieve him immediately and while giving service certificate u can mention performance as below satisfactory or something to that effect
normally i hv done that even in cases of theft and misappropriation of funds, so that it will save time, energy and money to the oganisation
dr nagaraj
From India, Bangalore
- there is no law which states that u cannot take disciplinary action against one who has committed some misconduct.
- one is an employee till he is relieved officially
= but u hv to see what is that breach of trust and how much damage it has caused to the organisation. if it is serious certainly u can take action, as this will b lesson to all
- but this is legal process, till the same ends, it is commitment to both the parties and the procedure is always cumbersome and lengthy one. also the same are questionable in courts.
- so i feel, if the breach of trust is not serious, relieve him immediately and while giving service certificate u can mention performance as below satisfactory or something to that effect
normally i hv done that even in cases of theft and misappropriation of funds, so that it will save time, energy and money to the oganisation
dr nagaraj
From India, Bangalore
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf