Hi Archana,
First I would like to tell you that company can terminate any employee if it has got some valid reasons, be it integrity, non performance.. any..
Now the only question left is what should be the right way.
There are two ways :
1. Forced Resignation
2. Termination.
In first case the company asks the employee to put down the papers and he is relieved as normal case, with proper relieving formality.
In second case, the employee can be simply terminated with the termination letter.But termination letter can hamper his career.
Now in both the cases the employer has to give either notice period mentioned in the appointment letter or he has to give the payment in liew of the notice period.
After receiving the resignation letter only, the company can process the relieving formalities.Incentives can't be hold as it is the right of the employee. There should be no dues either from emplyee side or from the employer side.
Regards ,
Archana D.
From India, Pune
4First I would like to tell you that company can terminate any employee if it has got some valid reasons, be it integrity, non performance.. any..
Now the only question left is what should be the right way.
There are two ways :
1. Forced Resignation
2. Termination.
In first case the company asks the employee to put down the papers and he is relieved as normal case, with proper relieving formality.
In second case, the employee can be simply terminated with the termination letter.But termination letter can hamper his career.
Now in both the cases the employer has to give either notice period mentioned in the appointment letter or he has to give the payment in liew of the notice period.
After receiving the resignation letter only, the company can process the relieving formalities.Incentives can't be hold as it is the right of the employee. There should be no dues either from emplyee side or from the employer side.
Regards ,
Archana D.
From India, Pune
HI Archana,
I suggest to go smooth with the employer instead of raising anti slogans. Ask your brother to talk it out with the management and smoothly resign the job to get the F&F. The world is big and your brother can get another job. The relieving letter will be helpful for him to get another job in the market. If he stamped or known in the market that he had touched the steps of Labour court etc., his future will be at jeopardy.
He may be a non-performer as per the standards of this company.. who knows.. he could be the best employee in his next company.. Please ask him to sort out all his issues with the current employer and smoothly get rid of all issues.
If you need any other help, please do let me know..
Sr. Manager HR
New Delhi
From India, Delhi
I suggest to go smooth with the employer instead of raising anti slogans. Ask your brother to talk it out with the management and smoothly resign the job to get the F&F. The world is big and your brother can get another job. The relieving letter will be helpful for him to get another job in the market. If he stamped or known in the market that he had touched the steps of Labour court etc., his future will be at jeopardy.
He may be a non-performer as per the standards of this company.. who knows.. he could be the best employee in his next company.. Please ask him to sort out all his issues with the current employer and smoothly get rid of all issues.
If you need any other help, please do let me know..
Sr. Manager HR
New Delhi
From India, Delhi
Dear Ms.Archana,
No company intentionally displaces a person from his job. Every company needs manpower to run the organization. There cud be justifiable reasons for an organization to resort to this drastic measure. Your brother, holding a senior position, doesn't come under the purview of 'workman' and he is a management staff. If his appointment letter clearly states that his services can be terminated by giving him one month's salary, the company wud be fair in its stand.
Rgds,
N. Somaraj
Manager - HR
From India, Mumbai
No company intentionally displaces a person from his job. Every company needs manpower to run the organization. There cud be justifiable reasons for an organization to resort to this drastic measure. Your brother, holding a senior position, doesn't come under the purview of 'workman' and he is a management staff. If his appointment letter clearly states that his services can be terminated by giving him one month's salary, the company wud be fair in its stand.
Rgds,
N. Somaraj
Manager - HR
From India, Mumbai
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