Mahima,
Others have already told you what to do regarding the issue of the offer letter. However, there is another aspect. No one is allowed to shout at or abuse others in an office. You need to take this up with your management and get them to instruct others in the office (your male colleagues) or the security to either stop this person from entering the office on grounds of abusive behavior or to intervene and remove him from the office in case of unacceptable behavior. I don't know how badly he behaved, but if the abuse was of a personal nature or if you feel he considers you as the reason for removal and therefore constitutes a threat outside the office, you may ask your manager/director to help you report the matter to the nearest police station.
From India, Mumbai
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2642Others have already told you what to do regarding the issue of the offer letter. However, there is another aspect. No one is allowed to shout at or abuse others in an office. You need to take this up with your management and get them to instruct others in the office (your male colleagues) or the security to either stop this person from entering the office on grounds of abusive behavior or to intervene and remove him from the office in case of unacceptable behavior. I don't know how badly he behaved, but if the abuse was of a personal nature or if you feel he considers you as the reason for removal and therefore constitutes a threat outside the office, you may ask your manager/director to help you report the matter to the nearest police station.
From India, Mumbai
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Dear Mahi,
Please ask him to write his resignation letter in his own handwriting. Make sure to include the date on which he was terminated from duty. After that, you can speak to management and obtain approval from the concerned person. Then, you can provide him with the service certificate.
Regards,
Kumara
From India, Chennai
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Please ask him to write his resignation letter in his own handwriting. Make sure to include the date on which he was terminated from duty. After that, you can speak to management and obtain approval from the concerned person. Then, you can provide him with the service certificate.
Regards,
Kumara
From India, Chennai
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(Fact Check Failed/Partial)-The user's reply is [B]incorrect[/B].
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Dear all,
Thank you for the guidance. By studying all comments, I have got an idea. Is it my right decision not to provide an offer letter to him? Should I give him a service, experience, or termination letter? You know his TA/DA is still pending for the month of October, i.e., approximately Rs. 2400.
In his case, we were only paying salary in cash. He only had an ID card, which he submitted to us after his termination.
Regards,
Mahima
From India, Delhi
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Thank you for the guidance. By studying all comments, I have got an idea. Is it my right decision not to provide an offer letter to him? Should I give him a service, experience, or termination letter? You know his TA/DA is still pending for the month of October, i.e., approximately Rs. 2400.
In his case, we were only paying salary in cash. He only had an ID card, which he submitted to us after his termination.
Regards,
Mahima
From India, Delhi
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(Fact Check Failed/Partial)-Dear Mahima, it's important to provide a termination letter to the employee outlining the reason for termination. Resolve pending dues promptly. Thank you for seeking guidance.
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Dear Mahima ji,
Without an offer letter and appointment letter, how is anybody allowed to join the company? Did the concerned worker submit any joining report? There is no question of issuing any backdated offer letter if they have not provided a joining report. If an appointment order has been issued, accepted, and a joining report has been submitted, then no offer letter is necessary.
The above are my views. However, in the future, kindly insist that every person the company intends to employ is given an offer letter. Only upon acceptance of the offer letter, issue an appointment letter. The person joining the company must submit a joining letter on the day they start their duty.
N K Acharya
From India, Hosur
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Without an offer letter and appointment letter, how is anybody allowed to join the company? Did the concerned worker submit any joining report? There is no question of issuing any backdated offer letter if they have not provided a joining report. If an appointment order has been issued, accepted, and a joining report has been submitted, then no offer letter is necessary.
The above are my views. However, in the future, kindly insist that every person the company intends to employ is given an offer letter. Only upon acceptance of the offer letter, issue an appointment letter. The person joining the company must submit a joining letter on the day they start their duty.
N K Acharya
From India, Hosur
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(Fact Check Failed/Partial)-The user reply is incorrect. It is essential to provide an offer letter before an employee joins the company, but not having one does not nullify their employment. In the scenario described, the terminated employee should not be given a backdated offer letter.
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In such a case, you can issue him a salary certificate that shall mention all the details pertaining to his date of joining, relieving, experience, and salary. This shall suffice his requirement and also put an end to this situation.
Henceforth, start issuing appointment letters immediately after joining. There is no point in raising unwanted employee grievances on such small issues in the organization. All such small incidents gather and spoil the culture in the organization, leading to bad mouthing of its image.
From India, Ahmedabad
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Henceforth, start issuing appointment letters immediately after joining. There is no point in raising unwanted employee grievances on such small issues in the organization. All such small incidents gather and spoil the culture in the organization, leading to bad mouthing of its image.
From India, Ahmedabad
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(Fact Check Failed/Partial)-The user reply is incorrect. In this situation, it is important to understand that issuing an offer letter is not optional but mandatory as per labor laws to establish the terms of employment. It is not sufficient to provide only a salary certificate. The termination of an employee does not exempt the company from providing an offer letter if the employee requests it. It is advisable to consult with legal counsel to handle this situation appropriately.
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The terminated employee cannot ask for offer letter. Since he would have already received the offer letter at the time of his joing.ok B.L.>madhavan rane
From India, Chennai
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From India, Chennai
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(Fact Checked)-The terminated employee can still request an offer letter even after termination. It's essential to provide him with necessary documentation upon request. (1 Acknowledge point)
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Dear all,
Firstly, the security system has completely failed in your company. How can a terminated employee keep coming back to the office and be allowed to shout at the company's managers?
Secondly, in my opinion, this terminated employee has just completed less than 4 months of work. In that case, he should still be in the probation period, during which we can terminate him based on his working capabilities and behavior.
Thirdly, NEVER GIVE SALARY IN CASH TO TERMINATED EMPLOYEES. Always use a bank account for payments. Acceptance of salary in the account implies that the terminated employee has acknowledged their termination.
Regards,
Manish Bali
From India, Delhi
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Firstly, the security system has completely failed in your company. How can a terminated employee keep coming back to the office and be allowed to shout at the company's managers?
Secondly, in my opinion, this terminated employee has just completed less than 4 months of work. In that case, he should still be in the probation period, during which we can terminate him based on his working capabilities and behavior.
Thirdly, NEVER GIVE SALARY IN CASH TO TERMINATED EMPLOYEES. Always use a bank account for payments. Acceptance of salary in the account implies that the terminated employee has acknowledged their termination.
Regards,
Manish Bali
From India, Delhi
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies: 1. The statement regarding the probation period for termination is correct. 2. There is no specific law or Supreme Court judgement referenced in the user's reply. 3. The suggestion about not giving salary in cash to terminated employees lacks legal basis. [response]
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Dear Mahima,
Greetings!
Regarding the offer letter, it should be issued before joining. If, for any reason, the organization missed this step, at least the appointment letter should have been issued. However, since the person has now been terminated, his intentions are clear. He seems to be trying to manipulate the situation in any way possible. I would like to inquire whether you have completed all the necessary formalities for his termination. Have you conducted his clearance? Is his full and final settlement processed? If all these procedures have been completed, there is no need to provide him with an offer letter as it serves no purpose. However, if there are pending exit formalities, he may continue to trouble you for the same reason. Remember, it is the management's decision to issue an offer letter, so do not let him intimidate you.
It appears he is attempting to create problems for you in any way he can. If everything is in order from your end, there is no need to worry.
Thanks and Regards,
Niranjan Kulkarni
From India, Pune
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Greetings!
Regarding the offer letter, it should be issued before joining. If, for any reason, the organization missed this step, at least the appointment letter should have been issued. However, since the person has now been terminated, his intentions are clear. He seems to be trying to manipulate the situation in any way possible. I would like to inquire whether you have completed all the necessary formalities for his termination. Have you conducted his clearance? Is his full and final settlement processed? If all these procedures have been completed, there is no need to provide him with an offer letter as it serves no purpose. However, if there are pending exit formalities, he may continue to trouble you for the same reason. Remember, it is the management's decision to issue an offer letter, so do not let him intimidate you.
It appears he is attempting to create problems for you in any way he can. If everything is in order from your end, there is no need to worry.
Thanks and Regards,
Niranjan Kulkarni
From India, Pune
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. The issuance of an offer letter is not dependent on the completion of exit formalities or termination procedures. An offer letter should ideally be given before an employee joins the company to outline terms and conditions of employment. The termination itself does not affect the obligation to provide an offer letter if the employee did not receive one upon joining. It is essential to separate termination procedures from the obligation to provide documentation.
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Dear Raj,
Well said! Your posts have always been enriching, well thought out, and quite a treat to the eyes after going through some casual remarks/suggestions made by some of our HR colleagues.
Your suggestions are right, and there is no need to add anything further.
Dear Mahima,
In addition to what Raj has suggested, please instruct your security officer/guard posted at the Main Entrance Gate not to allow this person to come inside again. If he is required to be called into the office for any reason, a security guard must accompany him so that he does not create any ruckus/problem for anybody. Just for your information, a terminated employee is normally never allowed to enter the factory/office unless it is absolutely necessary. A terminated employee is an aggrieved person, and one should not expect controlled/sensible behavior from him. Next time he comes, please meet him at the security office situated at the Main Gate along with a male colleague or let him come inside accompanied by a security guard.
Regards,
Rakesh Pd Srivastabv
From India, Gurgaon
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Well said! Your posts have always been enriching, well thought out, and quite a treat to the eyes after going through some casual remarks/suggestions made by some of our HR colleagues.
Your suggestions are right, and there is no need to add anything further.
Dear Mahima,
In addition to what Raj has suggested, please instruct your security officer/guard posted at the Main Entrance Gate not to allow this person to come inside again. If he is required to be called into the office for any reason, a security guard must accompany him so that he does not create any ruckus/problem for anybody. Just for your information, a terminated employee is normally never allowed to enter the factory/office unless it is absolutely necessary. A terminated employee is an aggrieved person, and one should not expect controlled/sensible behavior from him. Next time he comes, please meet him at the security office situated at the Main Gate along with a male colleague or let him come inside accompanied by a security guard.
Regards,
Rakesh Pd Srivastabv
From India, Gurgaon
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(Fact Check Failed/Partial)-[response] The user's reply provides incorrect information. Issuing a back-dated offer letter is not advisable due to legal and ethical concerns. Providing an experience letter is a more suitable option.
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Dear Alwin,
Have you seen the termination letter issued to the person? If yes, then what are the contents of the termination letter? Did he sign a full and final clearance certificate? Was he paid by cheque or in cash? Do records exist to prove that he was employed at all? It appears, per se, that he was employed and then services terminated. If this premise is correct, then he deserves to be given documents to cover the period of employment, in all fairness.
Regards,
Col. Rathi
From India, Delhi
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Have you seen the termination letter issued to the person? If yes, then what are the contents of the termination letter? Did he sign a full and final clearance certificate? Was he paid by cheque or in cash? Do records exist to prove that he was employed at all? It appears, per se, that he was employed and then services terminated. If this premise is correct, then he deserves to be given documents to cover the period of employment, in all fairness.
Regards,
Col. Rathi
From India, Delhi
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(Fact Checked)-The user reply is correct. Terminated employees are entitled to receive necessary documents like the offer letter and full and final settlement. It's essential to provide them with proper documentation. (1 Acknowledge point)
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(Fact Checked)-The user reply contains accurate advice on handling the situation of an ex-employee shouting and abusive behavior. It correctly emphasizes involving management, security, and even law enforcement if necessary. (1 Acknowledge point)