Dear Experts,
Will you please help me, Our management has insist me to sign on the 'Termination Letter' of one of our employee (Asst.Manager cadre). As a HR department head is my signature is valid.?
My argument is it should be signed only either Factory Head / Concern Dept.Head / Occupair . If the employee goes to labour court the personnel departmet head signature will be not acceptable because he has to represent the case on balf of the management this is my argument.
So, please clarify and save me.
Regards,
PBS KUMAR
From India, Kakinada
590Will you please help me, Our management has insist me to sign on the 'Termination Letter' of one of our employee (Asst.Manager cadre). As a HR department head is my signature is valid.?
My argument is it should be signed only either Factory Head / Concern Dept.Head / Occupair . If the employee goes to labour court the personnel departmet head signature will be not acceptable because he has to represent the case on balf of the management this is my argument.
So, please clarify and save me.
Regards,
PBS KUMAR
From India, Kakinada
Mr. Kumar, I am not an HR, but a lawyer, who can tell you what are you actually doing when you sign such forms.
- By signing the termination letter, you are terminating the employment contract entered into with the employee, by the company.
- General rule is that he who enters into a contract can only terminate the same, but not a third party.
- In company's context, if the company has authorised you to terminate the contract entered into wi the employees ,then the signature made by you is very much valid and binding.
- in an employment contract, there is a rule of equity that says only appointing authority has the right to dismiss/terminate an employment.
- Hence it is always safer to see, who has signed the appointment letter/offer letter of the employee (not the same person, but the person holding the same position, eg: HR Manager) and ask the same person to sign the termination letter.
- but as a general rule, HR Head is deemed to be authorised to terminate the employment, and i think that the court would accept such a contention, during the litigation.
- Moreover, i don't think that anybody would approach the labor court against termination, unles his compensations on termination are not paid fully, or that the company is an undertaking of the government.
From India, Bangalore
- By signing the termination letter, you are terminating the employment contract entered into with the employee, by the company.
- General rule is that he who enters into a contract can only terminate the same, but not a third party.
- In company's context, if the company has authorised you to terminate the contract entered into wi the employees ,then the signature made by you is very much valid and binding.
- in an employment contract, there is a rule of equity that says only appointing authority has the right to dismiss/terminate an employment.
- Hence it is always safer to see, who has signed the appointment letter/offer letter of the employee (not the same person, but the person holding the same position, eg: HR Manager) and ask the same person to sign the termination letter.
- but as a general rule, HR Head is deemed to be authorised to terminate the employment, and i think that the court would accept such a contention, during the litigation.
- Moreover, i don't think that anybody would approach the labor court against termination, unles his compensations on termination are not paid fully, or that the company is an undertaking of the government.
From India, Bangalore
Mr. Kumar,
I think Mr. Pradeep has answered you very well about your query. Its better if u check who was authorized to sign the appointment letter of that individual & also being an HR head if the co. authorizes you to sign the termination letter, then the dic is very much valid.
Regards
Sumiksha
I think Mr. Pradeep has answered you very well about your query. Its better if u check who was authorized to sign the appointment letter of that individual & also being an HR head if the co. authorizes you to sign the termination letter, then the dic is very much valid.
Regards
Sumiksha
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