Resignation, whether forced or voluntary, has always presented problems for both employee and employer. In order to clear up any mess that may follow upon resignation, it is important for both sides to be familiar with the employee’s contract, and the terms stated there.
The contract is a document which expounds the details of the employer’s job offer. The most important details of the contract include date of employment, type of employment, duration of employment, basic salary and incentives, and possible scenarios which may lead to termination of contract.
The date of employment is important because it is the official entry date of the employee into the company. From that point onwards, the company has jurisdiction over the employee, and can freely impose rules and guidelines stated in the contract. The date of employment also helps in ascertaining the amount to be received for benefits such as 13th month pay.
Type of employment refers to full-time or part-time, permanent or temporary employment status. A full-time employee is expected to fulfill a greater number of hours, or accomplish more work than part-time employees. Most employers grant a probationary six-month temporary employment status for newly-hired employees.. Employees are usually upgraded to permanent status once they pass the six-month probationary period.
A temporary, or casual employee may be terminated easily by the employer. A permanent employee, on the other hand, cannot easily be terminated by the employer, and is entitled to receive more benefits and incentives than temporary employees. Duration of employment states the employee’s working hours, as well as the start and end of contract. Once the employee’s contract ends, the employer is granted three options. The employer can extend the contract, thus lengthening the probationary period, or terminate the employee under end of contract provisions. The best case scenario involves the regularization of the employee under a new contract.
With regards to resignation, forced resignation is usually another term for termination, while voluntary resignation is a personal move by the employee to end his or her employment. Forced resignation can be caused by two factors, such as violation of rules, or end of contract/non renewal of employment. Voluntary resignation involves less complication, because the employee ended his or her employment out of his or her own free will.
If you have been requested by your employer to resign, or have received a notice of termination, it is important for you to review the contents of your contract. Any breach of contract arising from forced resignation or termination by the employer can be contested by legal means. Make sure that you are fully aware of the reasons why you were terminated, and that these reasons are consistent with what was written in your contract.
Being terminated or forcibly resigned from the company is worse than voluntary resignation. The terminated employee may be harassed by his colleagues, and subject to work gossip. He or she may also face bouts of depression due to his or her failure to maintain a satisfactory employment status. The terminated employee, however, should always remember that he or she still has rights, and should take note, but never reciprocate instances of physical or verbal abuse from colleagues.
Terminated or resigned employees go through an HR exit interview before they are able to sign their clearance. This is the best time for the employee to air out any concerns regarding his or her exit from the company. If the employee has any complaints, or wishes to contest his or her termination, the exit interview is the right time to discuss such issues.