Hi
Pls help me in drafting the letter. The situation is like this:
One of our employee came to office drunk.and misbehaved. He was sent back as he was not in condition to talk. Next day he resigned. Later an arbitrator was elected and enquire was held. It was decided to suspend that employee with immediate effect. Moreover he will be paid his 15 days salary as final settlement and rest 15 days will be deducted. Now i have to send a termination letter and final settlemet document at his place. Pls send me the format for the same.
Thanks
From India, Delhi
Pls help me in drafting the letter. The situation is like this:
One of our employee came to office drunk.and misbehaved. He was sent back as he was not in condition to talk. Next day he resigned. Later an arbitrator was elected and enquire was held. It was decided to suspend that employee with immediate effect. Moreover he will be paid his 15 days salary as final settlement and rest 15 days will be deducted. Now i have to send a termination letter and final settlemet document at his place. Pls send me the format for the same.
Thanks
From India, Delhi
Hi Is he a workman un der the ID ACt what is his designationj? Why do you terminate him? If you can get a rewsignation letter from him it is the best Siva
From India, Chennai
From India, Chennai
Hi Anubita, Plz find enclosed format, you can change it accordingly... But in my opinion to avoid further problems, better to force him to give resignation. Regards, Vaibhav
From India, Aurangabad
From India, Aurangabad
You have mentioned that the employee resigned on his own the next day of misconduct .What was the necessity of suspension and enquiry.You could have laid the matter to rest there and then. regards
From India, Pune
From India, Pune
Hi Vaibhav
Thanks for your reply. I have already forced him to give resignation and have the signed copy of that with me with Date of relieving of Feb 4, 2008. However he insisted for relieving latter. Our finance director want me to send a letter stating we are relieving him with immediate effect as he has done the misconduct. And also a final settlement letter which he will sign and send us back. So i need formats for that.
Thanks a lot once again!!
From India, Delhi
Thanks for your reply. I have already forced him to give resignation and have the signed copy of that with me with Date of relieving of Feb 4, 2008. However he insisted for relieving latter. Our finance director want me to send a letter stating we are relieving him with immediate effect as he has done the misconduct. And also a final settlement letter which he will sign and send us back. So i need formats for that.
Thanks a lot once again!!
From India, Delhi
Hi
Most of the Finace Heads insist on termination like this. It is your responsibility to tell them it is illegal to terminate without an enquiry. If he goes to court, he will win hands down. Even if he is not a workman, he can go to Civil Court and get a judgement.
Issue a simple relieveing order accepting his resignation Dont get into complications.
Siva
From India, Chennai
Most of the Finace Heads insist on termination like this. It is your responsibility to tell them it is illegal to terminate without an enquiry. If he goes to court, he will win hands down. Even if he is not a workman, he can go to Civil Court and get a judgement.
Issue a simple relieveing order accepting his resignation Dont get into complications.
Siva
From India, Chennai
Hi
The best way will be to accept the resignation letter. I infer, from what you have written , that the enquiry held by you may not be a legally valid enquiry. What Mr Siva has advised is absolutely correct.
Regards
Mohan
From India
The best way will be to accept the resignation letter. I infer, from what you have written , that the enquiry held by you may not be a legally valid enquiry. What Mr Siva has advised is absolutely correct.
Regards
Mohan
From India
I read you statement very carefully, I feel sympathy with your terminated delinquent employee..
Reporting on job with drunked alchole is not that big offence to be terminated...
You did not mentioned about employees position..and his past performance....
You have forced him for resignation and he resigned means he is neither unionised nor bargainable catagory of employee(workeman).
Then you initiated enquiry after forcing his resignation and draw conclusion that he should be terminated....
All above instances are gross violation of:
1. Principles of natural justice..
2. Unfair Labour Practices and....
3. Colorable exercise of power.....
Rashid
From Saudi Arabia
Reporting on job with drunked alchole is not that big offence to be terminated...
You did not mentioned about employees position..and his past performance....
You have forced him for resignation and he resigned means he is neither unionised nor bargainable catagory of employee(workeman).
Then you initiated enquiry after forcing his resignation and draw conclusion that he should be terminated....
All above instances are gross violation of:
1. Principles of natural justice..
2. Unfair Labour Practices and....
3. Colorable exercise of power.....
Rashid
From Saudi Arabia
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