Yes, especially when there is severance clause in your employment contract that states that the company will have to pay you big money if you are retrenched or terminated against your will for reasons any other than disciplinary matters. Asking you to resign means they don't have to do that, and it will be viewed as termination on mutual grounds.Yahaan wrote:I noticed that in my company, my manager has let go many people, in between their contract, due to performance reasons. But in all cases he asks people to resign instead of firing them.
I wonder what if I refuse to resign? I am wondering if my manager is having an easy way out by asking people to resign on their own. If he has to terminate them he will probably have to get the hr involved and the justify etc?
QFTnakatago wrote:Does your company provide severance packages? If yes, people resigning won't qualify them to getting that.
On the other hand, people resigning means no one can every say they were fired, let go, retrenched or whatever.
Not sure if MOM will be prepared to assist in cases where unlawful termination like this happens to EP holders.Yahaan wrote:No my company doesn't have severance package.
I think in Asia the norm is to ask people to resign on their own rather than terminate them. I was just wondering what are the legal implications if your manager asks you to resign but you don't.
I think the main impact could be for reference checks. If you resign on your own and make I easy for your boss, he and hr may give a positive reference check. If not may be the experience letter too will say terminated due to bad performance, I guess?
Yes, the reason you mentioned is the correct one. It is a local custom.Yahaan wrote:No my company doesn't have severance package.
I think in Asia the norm is to ask people to resign on their own rather than terminate them. I was just wondering what are the legal implications if your manager asks you to resign but you don't.
I think the main impact could be for reference checks. If you resign on your own and make I easy for your boss, he and hr may give a positive reference check. If not may be the experience letter too will say terminated due to bad performance, I guess?
SMS is correct. I have known of people who were terminated without cause.They just need to be given notice.sundaymorningstaple wrote:As long as you either give them notice or salary in lieu of notice at the minimum of MOM requirement or the terms of your contract,whichever is larger, you don't need to give any reasons whatsoever for the dismissal. One I've used often in the past is "lack of corporate fit". Pay them their salary in lieu or let 'em work out their notice, depending how badly we want to see the backside of the employee.
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