Immediate termination of a manager without notice
kabeer99
(Querist) 06 March 2018
This query is : Resolved
I would like to ask, whether an HR-Head of a Limited Company can terminate a Manager with immediate effect, without issuing any kind of written Notice under the verbal allegation of Non-Performance. On the other hand he emphasized to the Manager to submit a Resignation immediately, without which did not allowed to go out of his cabin.
Not Only that, the Notice Pay is paid incomplete, Only two months Notice Pay given, whereas three Months Notice Pay and 30 days Notice is already mentioned in the Company Policy issued to the employee at the time of joining.
What will be the Option for the Manager, as he has already Resigned under Pressure and Threaten.
Kumar Doab
(Expert) 06 March 2018
Is this HR Head empowered to terminate?
Does the employee have irrefutable evidence of being forced/coerced to resign?
How old is this episode?
Has the resignation been accepted?
Generically speaking; NO. The charge of Non-performance could should have been communicate in writing.
The resignation was with immediate effect or was IT notice of resignation? If IT was notice then what was the notice period tendered in IT?
Kumar Doab
(Expert) 06 March 2018
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may post response to all relevant points..
