Dear All, One of my friends has been asked to leave immediately. The company is reducing costs as he is from the travel industry, and the company is facing losses. It is a multinational corporation, and as per the verbal information given to him, this action is happening across national offices. He has not been given any written communication regarding the same. However, his IDs are blocked, and he cannot work on official emails. Upon asking for written communication, he has been advised to fill out an Exit Survey (available on a cloud-based app) where he can provide all the necessary details and answer questions.
Legal Implications of Immediate Termination
Q1. Can the company legally do this? The notice period states 90 days' basic salary (both sides) if leaving without notice.
Communication and Salary Claims
Q2. Can he conduct all communication via his personal ID and claim his 90 days' basic salary?
Exit Interview and Agreement to Leave
Q3. Does filling out the Exit interview imply that he has agreed to leave the job? Is this the right step?
Thanks in Advance.
From India, Gurgaon
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Legal Implications of Immediate Termination
Q1. Can the company legally do this? The notice period states 90 days' basic salary (both sides) if leaving without notice.
Communication and Salary Claims
Q2. Can he conduct all communication via his personal ID and claim his 90 days' basic salary?
Exit Interview and Agreement to Leave
Q3. Does filling out the Exit interview imply that he has agreed to leave the job? Is this the right step?
Thanks in Advance.
From India, Gurgaon
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Dear Navita, the employer cannot violate the notice conditions if they want to dismiss the employee by employing indirect pressure tactics mentioned in the post. Strictly speaking, it amounts to constructive dismissal, which is certainly illegal.
Let the employee write a detailed letter of grievance, outlining everything, including the blockade of their mail ID, and send it by registered post. They can also clearly state their willingness to exit if the employer/management decides to formally terminate the employment contract at their discretion by following the already stipulated notice conditions.
Unless there is a formal communication from the management regarding the above, the employee should not attend the exit interview.
From India, Salem
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6108Let the employee write a detailed letter of grievance, outlining everything, including the blockade of their mail ID, and send it by registered post. They can also clearly state their willingness to exit if the employer/management decides to formally terminate the employment contract at their discretion by following the already stipulated notice conditions.
Unless there is a formal communication from the management regarding the above, the employee should not attend the exit interview.
From India, Salem
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Exit Interview - Purpose, Process and Format.doc