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Hiring & firing

(Querist) 29 April 2015 This query is : Resolved 
Dear Experts,

My friend was requited by an American MNC in gurgaon as permanent basis 3 years ago. Now his total service period is 3+.

During the time he got many apprications in work which he has proving documents too.

Now situation is due to his personal problems he is enabling to perform well as before and due to this company askes him to resign the job.

Then he attempeted to committe sucide inside company by inhaling a tablet of posion and before inhaling he phoned to Police and said 'company is harasing him that's why I am suciding'.

But after the incedent he was addmitted to hospital and his life was saved.

Now he is in hospital and company trying to talk with him..

What he should do now..... and what company can do now?

Please suggest you valualbe suggestions.

Thanks
Guest (Expert) 29 April 2015
Mr/Ms. Sathiya,

Quite simple! If you say, "company trying to talk with him," let your friend talk the company.

However, your other question, "what company can do now" is quite irrelevant. When your friend so far has not listened any representative of the company, when tying to talk, how anyone can anticipate what company can do without knowing the outcome of the talk? I wonder, if you think the experts are astrologers here to predict, what is in the mind of the management.



sathiya (Querist) 29 April 2015
MLC and Police report lodged in this matter and other side company representative still says to Resign the company and company will give him a compansation amount which is very less...

Now he dosn't want to leave the company what he should do?

ajay sethi (Expert) 29 April 2015
he should resign from the company and accept compensation package . consult a psychiatrist for his problems
sathiya (Querist) 29 April 2015
But Mr. Sethi he is not mental but though furstrate from management of company, if by any issue an employee strugle with something then company says him tata bye bye if you would be inplace of him what will do....

I can not expect to leave the battle instead of fight...

Please suggest so that he can retain his job.
Guest (Expert) 29 April 2015
Mr/Ms Sathiya,

Although, as per my experience, it is hard to believe the problem to be genuine, as almost all your problems are of academic nature, yet I would prefer to reply, as follows:

Unless the company "says him ta ta bye bye," no cause of action arises.

On one hand you say, "now situation is due to his personal problems he is enabling (unable) to perform well as before," while on the other your state, "can not expect to leave the battle instead of fight."

Fight is always for the right cause, not for exerting undue right on any one. Any employer do not employ any employee to prove as wasting and lossfull asset for the company.

Neither he can be retained in the company against the wishes of the employer, as he does not enjoy unquestioned right to force himself on the employer, if unable to perform well up to the expection of the employer for which he is paid for, nor the employee can be terminated without any junjust cause.

So, Shri Ajay Sethi has rightly advised that your friend to resign by accepting compensation, even to which he does not have any right ful claim.

BETTER, ASK YOUR FRIEND TO SAY GOODBYE HONOURABLY TO THE COMPANY, OTHERWISE THERE IS NO DEARTH OF EXCUSES FOR THE COMPANY TO TERMINATE HIS SERVICES ANY TIME EVEN AFTER JUST A FEW DAYS OF HIS RETENTION. ANY COMPENSATION WOULD BE EX-GRATIA FOR HIM IN ADDITION TO HIS OWN DUES.
Rajendra K Goyal (Expert) 29 April 2015
After such an incident company would not agree to continue his services. Better accept company offer and search for another job.
Kuummaar AS (Expert) 29 April 2015
Dear Sathiya,

Please frankly tell, have you concocted the story?


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