Employer seeking my resignation.
Vijay anand
(Querist) 12 February 2011
This query is : Resolved
Sir,
I'm working as a HR manager in hotel ,franchiseed owned property.Joined before one month,now a new Gm has been deputed.Since he belives I 'm close to the owners ,he kept on raising something or the another.Now he asked me not to follow rules.We dont have SOP for the hotel & He accused me of threatning my collegues which is baseless.He has asked me to put my resignation today or it means I'm spoiling my career.These are the extract from the mail sent by GM to me.
"
Now, no one will be able to work with you as a team and you will be treated as an alien which is a situation that this hotel or any company for that matter should not get into especially in an HR Manager role. Since you also have issues with me, it is better for you to leave. I don’t see a way that we can change this. I agree that I have failed to groom you and it’s a lesson for me too.
I am now left with no choice than to seek your resignation in the interest of the company and yourself. You will unnecessarily spoil your own career and probably that of others as well if I go back on my decision and give you an opportunity once again."
Being a lady he has also approached me in explict ways,for which I did not heed.I was also doing enquiry on missing linens.
.My appointment letter shows one month notice period even during probation.Pls advise me.
Guest
(Expert) 12 February 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
REGARDING THE E.MAIL.SENT BY GENERAL MANAGER OF YOUR ORGANISATION REGARDING RESIGNATION KINDLY NOTE THAT.
1.PRIVATE EMPLOYERS ARE NOT FOLLOWING ANY RULES AND REGULATIONS AND BEHAVING LIKE DECTTORS WITH THE EMPLOYEES.FINANCIALY CO.IS ALWAYS STRONG AS COMPARED TO THE POOR EMPLOYEE WHO HAS TO THINK OF HIS FAMILY BEFORE LEAVING ANY JOB.
2 YOU MAY SEND A LEGAL NOTICE TO THE SAID GENERAL MANAGER OF YOUR CO.MENTIONING TERMS OF EMPLOYMENTS MENTIONED IN APPOINTMENT LETTER AND ALSO REFER THE E.MAIL ADDRESSED TO YOU BY SAID GENERAL MANAGER OF THE CO.
3.YOU MAY POLITELY MENTION ALL FACTS OF YOUR CASE AND MAKE CLEAR YOUR POSITION.YOU MAY OFFER FOR CONTINUING YOUR JOB OR IN CASE CO.IS NOT WILLING THEN TREAT THE SAME AS LEGAL NOTICE OF ONE MONTH AS PER YOUR JOB OFFER LETTER.YOU MAY SEND THE COPIES OF SAID LEGAL NOTICE TO THE TOP MOST EXECUTIVE DIRECTORS OR TOPMOST BOSSES OF YOUR CO.ABOVE THE SAID G.M.FOR REFERENCE.
4.IN CASE THE CO. IS GOOD THEY WILL ALWAYS THING OF BEST INTEREST OF THE COMPANY AND MAY RETAIN YOU.
5 AND YOU WILL GET SUFFICIENT TIME TO SEARCH FOR ALTERNATE EMPLOYMENT ALSO.AS YOU MAY GET SALARY FOR THAT ONE MONTH WCHICH WILL BE USEFUL FOR YOU TILL YOU FIND NEXT JOB.
6.KINDLY NOTE THAT ALL EMPLOYEES OF PRIVATE SECTOR ORGANISATIONS SHOULD KEEP SUFFICIENT FINANCIAL PROVISION FOR SUDDEN CHANGE OF JOB DUE TO SUCH PROBLEMS.GOOD LUCK.
YOU MAY WRITE AND MENTION ALL DETAILS FOR FURTHER HELP.GOOD LUCK.
H. S. Thukral
(Expert) 12 February 2011
As far as his e-mail is concerned, it is well within the parameters of law and the employer is within his right to judge his employees and take action. If you are terminated I think you will not be in a strong position to contest the same in law. In the penultimate paragraph of your query you have questioned his behavior. That gives you a cause to file a criminal complaint against the GM
Kirti Kar Tripathi
(Expert) 12 February 2011
I am in agreement with Mr. Thakural. Moreover, legally too, you do not have any proper forum, where you can seek remedy. You will have only one option to file civil suit, where reinstatement is not possible. At the most you can claim damages.
Guest
(Expert) 14 February 2011
Dear Nanthini,
For the sake of peace of your mind and to save yourself from the ill designs of your GM, who seems to be bent upon to spoil your career, better serve the prescribed one month notice of resignation.
As a safe side, you must however refer the email of the GM in your resignation letter. That can show that you have been compelled to put in your papers while the company could well have the option to serve you with a one month termination notice instead of asking you to resign.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
