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Dear Team,

I need your advice on a crucial issue.

One of our Area Sales Managers in Hyderabad, who joined three months ago, recently informed us via email that he's unwell and needs rest on his doctor's advice. He's seeking clearance from us to take time off. However, he hasn't discussed any problems with his manager prior to this. Now, the manager refuses to accept his resignation and is pushing for legal action.

According to company policy, he's still in his probation period and should give a 30-day notice if he wants to leave. But he insists he can't continue working. Our Head Office is in Chennai, and he's based in Hyderabad.

I've reached out to him and encouraged him to meet with his manager so we can sort out the clearance. However, I'm unsure of our next steps. Additionally, he's agreed to come in this week, but his manager now says he's not available and asked the employee to come in next week, causing confusion.

Given these challenges, especially with our HR Manager's resignation, I'm finding it hard to manage.

Your input on this matter would be immensely valuable.


Dear Divya,

You have written "recently informed us via email that he's unwell and needs rest on his doctor's advice". But then what is the diagnosis and did the Area Sales Manager (ASM) submit the doctor's certificate advising for the complete rest? Other than ASM is there anyone in the Hyderabad office? Why this person cannot be sent to verify the facts of his illness?

The reporting authority of the ASM is not accepting the resignation. This is illegal. You cannot force someone to work in your company. He is even pushing for the legal action. But on what grounds? Provisions of which act did the ASM violate?

It appears that the ASM and his reporting authority are not getting along well with each other. Therefore, there is no point in forced retention of the ASM. Insist on serving the notice period and let him go.

Thanks,

Dinesh Divekar

From India, Bangalore
Thank you for your valuable reply sir.

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