Hi, I was called by my HR Manager, and she informed me that management is not happy with my performance. They have decided to monitor me very closely for the next month. She added that I can take this as a notice period. The next day, I approached her with my resignation letter, but she refused to accept it. Instead, she issued me a termination letter stating the reason for underperformance.
I have not accepted the termination letter. Instead, I asked her why there are three different views: 1) closely monitored by management, 2) notice period, and 3) termination letter.
After refusing to accept the letter, she emailed me a scanned copy. Now, I am asking them why they can't accept my resignation letter. The HR manager said, as per HR rules, they have spoken to me regarding the issue, so I can't submit my resignation letter.
I am trying to talk to my management and sort it out, but I know they will not. Kindly advise on what I should do. I don't want to accept any termination letter. I am going through mental agony. Please help.
Thank you.
From India, Gurgaon
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2I have not accepted the termination letter. Instead, I asked her why there are three different views: 1) closely monitored by management, 2) notice period, and 3) termination letter.
After refusing to accept the letter, she emailed me a scanned copy. Now, I am asking them why they can't accept my resignation letter. The HR manager said, as per HR rules, they have spoken to me regarding the issue, so I can't submit my resignation letter.
I am trying to talk to my management and sort it out, but I know they will not. Kindly advise on what I should do. I don't want to accept any termination letter. I am going through mental agony. Please help.
Thank you.
From India, Gurgaon
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It seems your HR Department has a massive chip on their head.
In general, instead of terminating an employee, companies ask them to resign. That way, the employee gets a clean relieving letter and can get a job more easily. Here, you have someone who seems to take pleasure in creating problems. There is little you can do about this, actually.
You can speak to your management and ask them to consider accepting your resignation. If they don't, then you just have to proceed with the letter they give. I hope your next employer will understand your predicament. If the termination letter is after resignation, then you have something to show the new employer. But I guess in your case, they would have refused to sign the acknowledgment letter.
From India, Mumbai
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In general, instead of terminating an employee, companies ask them to resign. That way, the employee gets a clean relieving letter and can get a job more easily. Here, you have someone who seems to take pleasure in creating problems. There is little you can do about this, actually.
You can speak to your management and ask them to consider accepting your resignation. If they don't, then you just have to proceed with the letter they give. I hope your next employer will understand your predicament. If the termination letter is after resignation, then you have something to show the new employer. But I guess in your case, they would have refused to sign the acknowledgment letter.
From India, Mumbai
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Hi. please go thorough with clause (c) of subsection (1) of section 25N under industrial Disputes act. Clearly mentioned the process of retrenchment.
From India, Mumbai
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From India, Mumbai
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Hi Saswata,
You got it right. They really like to do the same. I really appreciate your help.
I have spoken to the top management, and they have taken my resignation letter for further discussion. I am waiting for their reply by today.
Hope for the best.
Regards,
Santu Mitra
From India, Gurgaon
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You got it right. They really like to do the same. I really appreciate your help.
I have spoken to the top management, and they have taken my resignation letter for further discussion. I am waiting for their reply by today.
Hope for the best.
Regards,
Santu Mitra
From India, Gurgaon
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I appreciate Aditya’s reply. However may I request all contributors to give a link to the reference to save every body’s time and make their posts comprehensive. Regards
From India, Thane
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From India, Thane
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The question that comes up is: How does the Industrial Disputes Act and the process of retrenchment matter in this case. Mitrasantu does not wish to dispute their termination as such or raise a dispute and fight. In fact, he is interested in leaving and moving ahead. In order to do that, he needs to have a clean exit so he can get a job without hassles. If he files a complaint under the act, what will be the actual effect? What will happen when the next employer does a background check.
From India, Mumbai
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From India, Mumbai
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Hello All,
As mentioned earlier, I had a discussion with the top management to accept my resignation. Actually, it's a partnership company that comes under the factory. After a few days today, the VP called me and asked me to write a resignation letter in his own choice of words and took the letter from me. I was quite happy, and I was shocked to understand and still in shock that in return when I asked him for the receipt of this resignation letter, he refused to give the same. He said, "I am a VP of this company, I am taking it from you, so it's okay. If you are not happy, then take this letter back and sign the termination letter." I said okay and came back from his cabin.
Guys, please advise on what I can do next?
From India, Gurgaon
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As mentioned earlier, I had a discussion with the top management to accept my resignation. Actually, it's a partnership company that comes under the factory. After a few days today, the VP called me and asked me to write a resignation letter in his own choice of words and took the letter from me. I was quite happy, and I was shocked to understand and still in shock that in return when I asked him for the receipt of this resignation letter, he refused to give the same. He said, "I am a VP of this company, I am taking it from you, so it's okay. If you are not happy, then take this letter back and sign the termination letter." I said okay and came back from his cabin.
Guys, please advise on what I can do next?
From India, Gurgaon
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Hi, I really don't know. Actually, now I am scared for the 24th of September, which will be my last working day. When I come for FnF, they might refuse to give any FnF. The reason is that I have not signed their termination letter, and they have also not signed my resignation letter. So, they can blindly refuse.
From India, Gurgaon
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From India, Gurgaon
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There is no straight answer to your question, mainly because the advice would depend on knowing and understanding your employers much better. I don't know the response that you would get to each possible course of action, so how do I tell you which is the best...
I can only suggest that you speak to the VP or to your HR. Explain that when you apply to any company, they want to see a signed copy of your resignation letter to verify that you have followed all rules and resigned with a full notice period. You would not want them to waste their time calling to confirm that you left, etc. It would really help you in the future to have documentation of your resignation, etc.
Or perhaps you can ask HR to acknowledge the resignation letter now since the VP has acknowledged it.
From India, Mumbai
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I can only suggest that you speak to the VP or to your HR. Explain that when you apply to any company, they want to see a signed copy of your resignation letter to verify that you have followed all rules and resigned with a full notice period. You would not want them to waste their time calling to confirm that you left, etc. It would really help you in the future to have documentation of your resignation, etc.
Or perhaps you can ask HR to acknowledge the resignation letter now since the VP has acknowledged it.
From India, Mumbai
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Hi Saswata,
Thank you for your concern. Actually, it's a partnership company (Family Company). The HR personnel is there just for show. All decisions are made by the family members, the so-called VP, GM, etc. She will not sign any papers without their consultation or advice.
Santu
From India, Gurgaon
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Thank you for your concern. Actually, it's a partnership company (Family Company). The HR personnel is there just for show. All decisions are made by the family members, the so-called VP, GM, etc. She will not sign any papers without their consultation or advice.
Santu
From India, Gurgaon
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