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I am not accepting the termination letter and wish to resign.

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I recently received a call from my HR Manager informing me that management was not pleased with my performance and they would be monitoring me for the next month. She then added that I could take this as a notice period. The following day, I presented my resignation letter to her, however, she refused to accept it and instead issued me a termination letter citing my underperformance as the reason. I have not accepted the termination letter and have asked why there are three different views on the matter. The HR Manager responded that, as per HR rules, they had already spoken to me about the issue and so I could not submit my resignation letter. I am attempting to speak with management to resolve the situation, yet I am aware that they will not. Could you please provide me with advice on what I should do? I do not wish to accept the termination letter and I am feeling very distressed.

  1. It appears that the HR Department has a strong bias. Generally, businesses prefer to have employees resign rather than be terminated, as it allows the employee to receive a clean reference letter and find a new job more easily. This individual, however, appears to be taking pleasure in creating a problem. Unfortunately, there is not much you can do. You can speak to your management and ask them to accept your resignation. If they don’t, then you must accept the letter they provide. Hopefully, your next employer will understand the situation. If the termination letter is issued after resignation, then you can show it to the new employer. It is likely that they will not have signed the acknowledgment letter.

  2. Please review clause (c) of subsection (1) of section 25N under the Industrial Disputes Act, which outlines the process of retrenchment.

  3. Hi, You understood correctly. They are indeed interested in doing the same. I am grateful for your assistance. I have spoken to the highest level of management and handed in my resignation letter for further consideration. I am expecting their response by today. Fingers crossed. Best regards

  4. I would like to suggest that all contributors include a link to the reference in their posts to save time and make them more comprehensive. Thank you.

  5. What are the implications of filing a complaint under the Industrial Disputes Act in regards to the process of retrenchment for mitrasantu? How would it affect his ability to secure a job in the future if a background check is conducted?

  6. I recently had a discussion with the top management of the factory-related partnership company to accept my resignation. The Vice President asked me to write a resignation letter in his own words and took the letter from me. I was surprised when I asked for a receipt of the letter and he refused, saying he was the VP of the company and that it was okay. I offered to sign a termination letter instead, but he did not respond. Could anyone provide advice on what I should do next?

  7. I’m uncertain about what will happen on my last working day. I’m concerned that when I come in for my final paperwork, they may deny me my final payment. I haven’t signed their termination letter and they haven’t signed my resignation letter, so they could potentially reject my request.

  8. There is no one-size-fits-all answer to your inquiry. The advice would depend on having a better knowledge of your employer. I cannot tell you which is the most suitable option without knowing the response that you would get to each potential action. Therefore, I suggest that you talk to the VP or your HR. Explain that when you apply to any firm, they require a signed resignation letter to confirm that you have adhered to all regulations and resigned with the required notice period. This will save them from having to contact you to verify that you have left. Additionally, having documentation of your resignation will be beneficial for you in the future. Alternatively, you could ask HR to now acknowledge the resignation letter since the VP has already done so.

  9. Hi, Thank you for your interest. This is a family-run business. The HR representative is present for formality. All decisions are made by the higher-ups, such as the Vice President and General Manager. No documents can be signed without their approval.

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