Handling Unwanted Resignations: Navigating the Legal and Operational Risks in Workforce Reduction

ARTICLE FOR ……………………..reading

My dear Friends, I was just wondering if anyone of you have undergone on the situation below and wondering what is to be done after being caught in a fix. Normally due to operational needs and due to instructions from the “top”, it may be required that an excess staff is to be laid off, but the problem is the company is not interest in conducting a “retrenchment” or a “redundancy” exercise and you are advised to persuade the staff to tender his or her resignation. Just to prove a point to the Masters you embark on a journey to the land of no returns and then subsequently cry when the resigned staff lodges a report to the Industrial Relations Department and claims compensation since your persuaded him to tender his resignation. Further to this, the employee presents you with the following letter:

Date:

The HR Manager

Zin Zong Industries

Kuala Lumpur

Dear Sir,

RE: RESIGNATION FROM THE COMPANY

Please be informed that I hereby tender my resignation from the company on your advise further to the meeting held between us yesterday. While I told you about my need for employment, you persuaded me to submit my resignation. I accept the payment in lieu of the 3(three) months notice period and thank you for the same.

Thank you.

Yours faithfully,

YOUR WORST NIGTHMARE

Looking at the above letter of resignation will very clearly indicate that the employee is surely going to lodge a repot with the IR department after carrying his clearance.

(NOW THE QUESTION OF WHAT WILL YOU DO? THE MD IS DEFINITLY NOT GOING TO BE HAPPY WITH THIS. WE WILL FOLLOW UP WITH WHAT TO DO NEXT IN TOMORROW’S CONTINUATION…………….)

CONTINUATION FROM WHERE WE LEFT OFF……………………What is stated below is strictly my own opinion and ideas and if you have another opinion please be happy with it. The reason that I decided to take this route is rather defensive as we do not know as how it will end up. Leaving it status quo will ensure a lot of problems for the HR Manager from the top Management………the grave mistake that was made by the HR Manager was advising the employee to submit his own resignation and this he has mentioned in the resignation letter.

My reply to him:

Mr Your WIrst Nighmare

Position

Department

Present

Dear Nightmare,

RE: NON ACCEPTANCE OF YOUR LETTTER OF RESIGNATION

We wish to draw your attention to your letter of resignation dated xx date xx and regret to inform you that the Management after due and careful consideration have decided to not accept your letter of resignation, filled with false accusations, whereat you have accused the HR Manager of insinuating to come about with your resignation, a fact which you are fully aware is a false accusation.

Therefore the Management whilst not accepting the said resignation is seriously contemplating to institute severe disciplinary action against you. Kindly ensure that you make your presence in the Human Resources department within the next 1 (one) from date of this letter.

Yours faithfully,

HR Executive