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Bhupinder Pal Singh (Executive)     26 March 2011

termination

the company branch manager has  put resign of my friiend  and passed it to the head office and say him to leave the job. Anybody tell me what to do?



Learning

 8 Replies

Kiran Kumar (Lawyer)     26 March 2011

what were the exact facts of the matter?

Kumar Doab (FIN)     26 March 2011

In the month of March (financial year closing) companies ask many employees to leave, and asks them to write their resignation. This saves the company from complications.

The task of obtaining resignation is assigned to the boss and save the job and to keep him clean boss may engage into such practice; however it is wrong and illegal.

The company shall impose the clause of notice and even deduct notice pay and thus the jealous boss and HR shall highlight they have saved money for the company. They shall excel at the cost of  the separated employee who shall exit with a blot on his carer.  

However it is happening everywhere.

Before March companies conduct appraisals/self appraisals ( Qtrly, half yrly) in which the employee is asked to put in data of performance on various parameters and the reporting authority is supposed to appraise the employee and put in comments and handover a copy of the appraisals to the employee. Subsequently the HR/HO/superiors may also send communications. Based on internal procedures some of the employees may be put in the category of business risk.

However before the task of separation employee/employees may be put in a batch to provide training. Employee can ask to change from one department to other.  

The need of the hour is to keep oneself aware of rights and what is possible and what is not.

An employee ignorant of rights and possibilities, fresh or experienced, despite right education/qualification and traits of sincerity, suffers.

 

As advised by the learned Mr. Kiran you may post all the details.

If the matter is of forced resignation/ forced unemployment your friend should immediately withdraw the forced resignation.

          

 

               

Bhupinder Pal Singh (Executive)     26 March 2011

he doesnot gave a phone call to the manager....  When my friend colleage talk to manager about this then the manager replies that his behaviour was not good.......

V. VASUDEVAN (LEGAL COUNSEL)     26 March 2011

Better to speak to the senior management and explain the factual position.

Bhupinder Pal Singh (Executive)     27 March 2011

my friend join that job on march 1, 2011. So advice me what to do?

Kirti Kar Tripathi (lawyer)     27 March 2011

In case, resignation is not accepted in writing, revoke/withdraw it immidiately in writing.

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Bhupinder Pal Singh (Executive)     27 March 2011

if there is any law relating to such type of termination...............

Kirti Kar Tripathi (lawyer)     27 March 2011

yes, it is settled position of law that resignation takes effect only after acceptance.

1 Like

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