Hi Friends,
I have a typical situation on hand. One of our employee has resigned on knowing that he will be terminated shortly. I am not sure how he came to know this, the question is how should we treat him. 1) As a regular employee who has put his papers with 30 days notice period. 2) Can we terminate him now.If we terminate now what are the legal Issues.
Thanks,
Suresh.
From India, Hyderabad
I have a typical situation on hand. One of our employee has resigned on knowing that he will be terminated shortly. I am not sure how he came to know this, the question is how should we treat him. 1) As a regular employee who has put his papers with 30 days notice period. 2) Can we terminate him now.If we terminate now what are the legal Issues.
Thanks,
Suresh.
From India, Hyderabad
Dear friend
When the employee for what ever be the reason, resigns his job, before any termination take place, it is fine to accept the resignation as the management no more requires his services.
If terminated, there are lot of prosidure to be adopted.
1. you have to give him or her the show cause notice for his/her irregularities.
2. Take his explination to the show cause notice served on him.
3. An enquiry to be called and a personal hearing to be held.
4. you got to prove the charges levied on him/her are true.
5. Basing on the charges come true you can discharge his/her services by termination.
6. Even on termination you got to meet up with all statutory payments such as gratuity, bonus, leave with wages etc which are due to the employee as up to the date of termination.
7. Hence basing on the natural justice, the employee's resignation may be accepted and discharge the employee from duties by meeting all the required statutory payments due to the employee up to the date of leaving the services.
Mohan Rao
HR MANAGER
From India, Visakhapatnam
22When the employee for what ever be the reason, resigns his job, before any termination take place, it is fine to accept the resignation as the management no more requires his services.
If terminated, there are lot of prosidure to be adopted.
1. you have to give him or her the show cause notice for his/her irregularities.
2. Take his explination to the show cause notice served on him.
3. An enquiry to be called and a personal hearing to be held.
4. you got to prove the charges levied on him/her are true.
5. Basing on the charges come true you can discharge his/her services by termination.
6. Even on termination you got to meet up with all statutory payments such as gratuity, bonus, leave with wages etc which are due to the employee as up to the date of termination.
7. Hence basing on the natural justice, the employee's resignation may be accepted and discharge the employee from duties by meeting all the required statutory payments due to the employee up to the date of leaving the services.
Mohan Rao
HR MANAGER
From India, Visakhapatnam
Dear Suresh,
If an employees tenders his resignation, why you wanted to terminate him. By tendering resignation, he himself leaves the organisation giving you a chance to relieve him. Why again you wanted notice period for resignation?
Whereas termination may invite litigations. He may proceed against the employer for unlawful termination of his employment and if he is successful he may get an award for re-nstatement with backwages and continuity in service after a few years.
Be practical. Or do you want to show him that how tough you are. ( Pl remember, you will be loser in such cases).
My dear friends knowing Industrial Relations is not a disqualification. You can spend sometime to learn IR.
From India, Madras
If an employees tenders his resignation, why you wanted to terminate him. By tendering resignation, he himself leaves the organisation giving you a chance to relieve him. Why again you wanted notice period for resignation?
Whereas termination may invite litigations. He may proceed against the employer for unlawful termination of his employment and if he is successful he may get an award for re-nstatement with backwages and continuity in service after a few years.
Be practical. Or do you want to show him that how tough you are. ( Pl remember, you will be loser in such cases).
My dear friends knowing Industrial Relations is not a disqualification. You can spend sometime to learn IR.
From India, Madras
The Term Termination does not have a strong legal entity. In law the terms, which has legal entity are discharge, dismissal. Termination generally means ending of contract. The safe word is relieving.
You can relieve a persons from his services after he resigns but you need to think about the notice period. The terms of notice pay / notice period. Who is to pay whom. The employer or the employee. Please check from letter of appointment issued to him.
If a persons resigns asking for relieving and is ready to serve the notice period you should allow him to do so or else give him the notice pay and relieve him immediately before the date since he already has tendered resignation. There is No risk.
Accept the resignation, issue him the relieving letter mentioning the date of his last working day in the company and advise him to get in touch with the accounts department for his F/F Settlement.
If allowed to serve the period in the office keep vigil on him.
From India, Patna
You can relieve a persons from his services after he resigns but you need to think about the notice period. The terms of notice pay / notice period. Who is to pay whom. The employer or the employee. Please check from letter of appointment issued to him.
If a persons resigns asking for relieving and is ready to serve the notice period you should allow him to do so or else give him the notice pay and relieve him immediately before the date since he already has tendered resignation. There is No risk.
Accept the resignation, issue him the relieving letter mentioning the date of his last working day in the company and advise him to get in touch with the accounts department for his F/F Settlement.
If allowed to serve the period in the office keep vigil on him.
From India, Patna
This is purely based on the reason for which the management is wanting to terminate the employee. If the employee is involved in any unlawful / unethical behaviour where the management is under loss of secret information / monetary loss etc which is subject to punitive action, it is advisable that his rsignation not to be accepted. In his resignation unacceptance letter you can follow the procedures of the showcause notice and then on the procedures said by Mr.Mohan Rao.
If it is only on behavioural issues / performance issues it is better to accept his resignation and relieve him.
Regards
Ramesh r
From India, Mumbai
If it is only on behavioural issues / performance issues it is better to accept his resignation and relieve him.
Regards
Ramesh r
From India, Mumbai
He resigned even before you could terminate him. The reason may be that he came to know about it, or he himself felt that is no value addition to his portfolio.
Take the dates alone into consideration. Has he submitted resignation even before you terminated him? If yes - then use the normal resignation process. conduct exit interview. let him serve the notice and complete all dues.
However if you decide to terminate him, then legal actions will only favour him and not you or the employer.
Thanks
From India, Madras
Take the dates alone into consideration. Has he submitted resignation even before you terminated him? If yes - then use the normal resignation process. conduct exit interview. let him serve the notice and complete all dues.
However if you decide to terminate him, then legal actions will only favour him and not you or the employer.
Thanks
From India, Madras
It is better to relieved him as per company ruls instead of getting stuck into legal matters. Best of Luck
From India, Gurgaon
From India, Gurgaon
Hello Mr. Mohan
I wanted to enquire something and was hoping if you could help me out.
I had an employee working under me, he resigned on the 1st of this month without giving any hand over or paying his notice pay or serving the notice period.
What action can be taken against this employee?
From India, New Delhi
I wanted to enquire something and was hoping if you could help me out.
I had an employee working under me, he resigned on the 1st of this month without giving any hand over or paying his notice pay or serving the notice period.
What action can be taken against this employee?
From India, New Delhi
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Termination-emp loyment_563.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc