Separation from job
Bin
(Querist) 16 February 2013
This query is : Resolved
Dear Sir,
I have a question and looking for some suggestions.
This question is regarding employment. My friend worked with an organization as a Manager for more than year. Recently the company appointed a new General manager (Dec 2012). 2 Days back, my friend was asked to quit the job , by simply saying, this is the time for you to get separated from the company. Even they said its not a terminations, it is that we are just asking you to submit your resignation. Reason Quoted for resignation :-
- Low Performer
According to my friend, the manager never shared the Feedback regarding the performance, nor shared any kind of performance sheet, nor gave any warning letters to improve. In this entire 1 year period my friend was never evaluated with any acceptance. Even the company dont have a specific tool to measure the performance of the employee. Even the GM was quite rude while talking to the employee.
The GM says, the notice period of 2 months would be waved of and wont give any compensation in return. if required the company would only pay half month salary "Feb 2013".
Can some one please guide me to what my friend should do , without affecting his career in front of other companies?
Deepak Nair
(Expert) 16 February 2013
Your friend should ask his employer to give a letter of termination of employment with proper notice period or salary in lieu of notice period. If they are asking your friend to leave immediately, he should be paid the salary for the notice period as agreed in the appointment letter.
There is no process called separation by way of forced resignation. If practices, that cannot be justified in law.
Bin
(Querist) 16 February 2013
Thank you for sharing your valuable thoughts Mr.Nair. In the appointment letter , such a clause was never mentioned.
policy Lines are :-
In case of waiving off un-served notice period amount, it has to be authorized by Dept. Head, General Manager and the Director.
Moreover - These policies just got created, this was never at the time of appointment. This policy just got created for new employees according to the director. And these policies are under discussion with the employees. As the company is forcing certain policies on face of the employees and all of them are not happy.
But The GM , clearly said on face of the employee, sorry i wont be giving you the money for notice. And will only get 13 days salary for feb.
prabhakar singh
(Expert) 16 February 2013
In cases of private employment a peaceful departure by the employee is the only practical solution as he does not have any lien over the job.Even if his stand under contract is right,his decision of stand may put his whole life in courts.
Deepak Nair
(Expert) 16 February 2013
Prabhakar Sir is absolutely right. Experience speaks.
Your friend can definitely fight legally. But, as advised by Prabhakar sir, the fight may go on for an indefinite period.
Bin
(Querist) 16 February 2013
Thanks for Your help and comments ...Employee always suffer..
Will ask him to get separated easily and move ahead.
prabhakar singh
(Expert) 16 February 2013
Most welcome !
Move on...is best advise.
only 2 months' salary in dispute of which they are paying 13 days.Why to waste so much energy for 1 month and 17 days.The rule of economics says to weigh a choice against issue involved if gained ,what would be it's cost?The time to travel advocate's office then to court's room then to wait for calls for an unknown period and expenses to be incurred as court fees, typing,photo copying,advocates fees,for out door lunches.....an endless story ...gentleman!
Deepak Nair
(Expert) 16 February 2013
@Prabhakar sir,
hats off to you
Sudhir Kumar, Advocate
(Expert) 05 March 2013
nothing more to add except that in next company do not be low performer.
Bin
(Querist) 07 March 2013
Thank you for all the responses.
Mr.Kumar - Thats the whole point of discussion, My Friend was not a low performer , still he was asked to put down the papers. Your answers are precious and your guidance saves people. I would request not to post such comments. (Mazaak udana achi baat nahi hai Sir).
To All - The issue is till not fixed. As they are terminating the employee without notice and not even giving any notice money.
Raj Kumar Makkad
(Expert) 07 March 2013
The action of the company is illegal and thus can be got challenged but change to some other company is imminent as there is no other option in the given facts.
Bin
(Querist) 17 March 2013
Thank you for the post Sir Raj Kumar. My friend is looking for a job. But the previous company is asking him to sign NCA , NDA, NSA ... Also asking to submit relieving paper from the old company as they need to complete their file.. :) .. My friend has already sent a notice from a lawyer to the company challenging the termination.
Even in the appointment letter given by the company does not state anything about signing these papers... which is quite strange and unrealistic..
Raj Kumar Makkad
(Expert) 17 March 2013
Your friend need not to oblige the previous employer by signing the desired papers. Your friend has already sent his notice and now he is required to wait for the outcome of the notice and further do follow the advice of his lawyer.
