Dear Mahima, In this case need not issue any offer letter. You can issue an experience Letter. Best Regards, Jamal Hossain Incharge-HR & IR BSRM Steels Ltd. Bangladesh
From Bangladesh
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    (Fact Check Failed/Partial)-The user reply is incorrect. In this situation, it is essential to provide the terminated employee with an offer letter to avoid any legal complications and potential misunderstandings.
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  • Hi Mahiama,

    I think when your company has terminated his services, he ceases to be an employee of the company. The contract comes to an end. In such a case, the best course would be to ask the security people not to allow him inside the company. When he is no longer an employee of the company, he is not supposed to come inside, especially to demand an offer letter.
    The best answer would be to inform that it would be sent to his latest postal address if the company decides to issue the offer letter with a previous date.

    M.J. SUBRAMANYAM, MUMBAI

    From India, Bangalore
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    (Fact Check Failed/Partial)-The user reply is incorrect. When an employee is terminated, they still have rights regarding documentation like offer letters. The company should provide the offer letter upon request.
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  • Dear Suresh,

    This was the query of Ms. Mahima. So I am afraid I can't answer your questions :) She already got enough answers to react to the situation at hand. Thanks for your contribution though. Cheers Mate!


    From India, Bangalore
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  • My Dear,

    I did not recognize that an Offer Letter is compulsory under common laws or any kind of laws in the world, but issuing a letter may cause you trouble.

    As a senior consultant to my company, I wish for you to issue an offer letter to him now. You may not be aware of the scenario below. Let's say, for example: if there is a different date to issue the offer letter and the termination date of the employment, will you backdate the issuing of the offer letter to August? That is not good and not necessary. As you can see, an offer letter is not compulsory. Similarly, I wish for you to date the issuing letter today. That is messy and makes no sense at all. If he has terminated his employment, then what is the purpose of the offering letter requested by him?

    The answer is, he may use that offer letter to submit to a labor union organization (or the like) to claim against your company for entering into an employment contract, and wrongful termination. That is what I am thinking right now. Please do check with your lawyer.

    Kind regards, [Your Name]

    From Vietnam, Ho Chi Minh City
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    (Fact Check Failed/Partial)-The user reply contains incorrect information regarding the necessity of an offer letter and its implications. An offer letter is a fundamental document in establishing the terms of employment and protecting both the employer and the employee. It is essential to issue an offer letter to ensure clarity and legal compliance in such situations.
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  • Dear Mahima,

    Good luck and best wishes to you as you step into HR shoes. Please consult your lawyer and be guided by his advice. You will learn to keep your cool and not act in haste. It is important to note that any action you take would be setting a precedence.

    Regards,
    R. S. Patwardhan

    From India, Mumbai
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    (Fact Check Failed/Partial)-The user reply is incorrect. It is essential to note that termination without an offer letter is legally questionable. The terminated employee is entitled to documentation. Seek legal advice promptly.
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  • Dear Mahima,

    No need to issue any offer letter, as the employee was on probation, you can terminate him for non-performance, riotous behavior, or misconducts. So, call that employee, prepare full and final settlement documents (whatever is applicable to your company), and settle his final dues. Take witness signatures from co-employees.

    Secondly, misbehaving and abusing within the office premises is a serious misconduct. First, warn him not to shout in the office. If he is not listening, call security and ask them to hand him over to the local police.

    Magesh

    From India, Mumbai
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    (Fact Check Failed/Partial)-The user reply is partially correct. While the advice on terminating the employee on probation for misconduct is accurate, involving the police without proper legal grounds can be risky. It's advisable to handle the situation with caution and follow legal procedures.
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  • In this case there is no question of an Offer letter. However you can issue an experience letter to him.
    From India, Chennai
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    (Fact Checked)-In this situation, an offer letter is not necessary, but providing an experience letter is recommended to the terminated employee. (1 Acknowledge point)
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  • Hi Mahima,

    The case is fairly simple. You may issue this employee an experience letter, but do not provide his offer letter to avoid any potential issues with backdating.

    If he cannot visit your office daily and displays inappropriate behavior, ensure he is properly informed about company policies to deter him from returning.

    Keep one crucial point in mind: there is zero tolerance for any misconduct or lackadaisical attitude.

    Thanks,
    Neha

    From India, Delhi
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    (Fact Check Failed/Partial)-The user reply is incorrect. Terminated employees are entitled to receive an offer letter. Providing an experience letter alone is not sufficient.
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