Hello, Can anyone please help me with a termination letter without prejudice sample?
Reason for termination - Employee is demanding full salary to resume work. Currently, we're having a 30% reduction in salary due to covid pandemic. We're into event services and events are not happening for the past 2 months. But we paid 70% salary to the employee for the previous 2 months and we need him to pay back the salary as he refused to come back from his village and didn't serve any notice.
Thank you,
From India, Nagari
4Reason for termination - Employee is demanding full salary to resume work. Currently, we're having a 30% reduction in salary due to covid pandemic. We're into event services and events are not happening for the past 2 months. But we paid 70% salary to the employee for the previous 2 months and we need him to pay back the salary as he refused to come back from his village and didn't serve any notice.
Thank you,
From India, Nagari
Dear Sandra D'Souza,
If the employee was on an unauthorised absence, then why was his salary credited for the absentee period also?
Anyway, before termination, you need to follow a due process of law. I recommend you send the show-cause notice for the unauthorised absence. Ask why disciplinary action should not be initiated for his absence. Order him to resume his duties immediately. Do not write consequences of failing to report for duties as "you will terminate his services" etc. Just write "if you fail to report for the duties or if you report for the duties but if the justification for the absence is found invalid, then the administration of __________ (your company's complete name) reserves the right to initiate disciplinary action against you."
While drafting the show-cause notice, ensure that you quote the dates of the absence accurately. Send the show-cause notice by speed post. However, a scanned copy of the notice along with the receipt from the speed post may be sent by email.
If the employee remains impervious to the show-cause notice, then order a domestic enquiry and direct him to depose him before the enquiry. If the employee fails to report even for the enquiry also then your company can take disciplinary action which could be termination of the services.
You may find the disciplinary procedure a little boring. Nevertheless, from the long-term interest of the company, it is important to follow this arduous process. If all the legal steps before the termination are followed diligently, then your company will be unafraid even if the employee challenges the termination in a court of law.
Please note that roughly 5% or even slightly fewer employees are always delinquent. Dealing with them consumes your time and energy as much as the rest. But then that is what the fate of the HR professional is!
Thanks,
Dinesh Divekar
From India, Bangalore
If the employee was on an unauthorised absence, then why was his salary credited for the absentee period also?
Anyway, before termination, you need to follow a due process of law. I recommend you send the show-cause notice for the unauthorised absence. Ask why disciplinary action should not be initiated for his absence. Order him to resume his duties immediately. Do not write consequences of failing to report for duties as "you will terminate his services" etc. Just write "if you fail to report for the duties or if you report for the duties but if the justification for the absence is found invalid, then the administration of __________ (your company's complete name) reserves the right to initiate disciplinary action against you."
While drafting the show-cause notice, ensure that you quote the dates of the absence accurately. Send the show-cause notice by speed post. However, a scanned copy of the notice along with the receipt from the speed post may be sent by email.
If the employee remains impervious to the show-cause notice, then order a domestic enquiry and direct him to depose him before the enquiry. If the employee fails to report even for the enquiry also then your company can take disciplinary action which could be termination of the services.
You may find the disciplinary procedure a little boring. Nevertheless, from the long-term interest of the company, it is important to follow this arduous process. If all the legal steps before the termination are followed diligently, then your company will be unafraid even if the employee challenges the termination in a court of law.
Please note that roughly 5% or even slightly fewer employees are always delinquent. Dealing with them consumes your time and energy as much as the rest. But then that is what the fate of the HR professional is!
Thanks,
Dinesh Divekar
From India, Bangalore
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