Hi, I had a question - If someone is asked to leave (Resign) because her/his background verification failed, what will be written in the relieving letter? Can someone shed light on this. TYhanks
From United States, San Diego
From United States, San Diego
Hi,
I don't think so there should be any mention of purpose of resignation on the relieving letters.
If the defaulter resist to resign on his own, then issue a termination letter mentioning the reason, else not required.
Cheers
Naveen
From India, Madras
2I don't think so there should be any mention of purpose of resignation on the relieving letters.
If the defaulter resist to resign on his own, then issue a termination letter mentioning the reason, else not required.
Cheers
Naveen
From India, Madras
Dear Alka,
Since the employee had been asked to resign his relieving letter will be the same as any other employee who resigns.
The above is because usually Company on good faith and not wanting to ruin someone's career asks an employee to resign so that he/she can be given a proper decent severance.
If the issue is really critical, serious and damaging than the Company goes in for the disciplinary proceedings and terminate the employee. Once an employee is terminated by way of Disciplinary Proceedings as punishment, it becomes extremely difficult for him to seek future employment.
Regards,
SC
From India, Thane
Since the employee had been asked to resign his relieving letter will be the same as any other employee who resigns.
The above is because usually Company on good faith and not wanting to ruin someone's career asks an employee to resign so that he/she can be given a proper decent severance.
If the issue is really critical, serious and damaging than the Company goes in for the disciplinary proceedings and terminate the employee. Once an employee is terminated by way of Disciplinary Proceedings as punishment, it becomes extremely difficult for him to seek future employment.
Regards,
SC
From India, Thane
i think we should not issue him/ her a relieving letter because the offer /terms of employment normally state that the joining is dependant of proper verification and in case there is any deviation from the same, the employee will be terminated.
On a personal ground, we would think that by issuing him a relieving letter would save his career but what about your company's image in case the next company he/she is associated find the same issues for which you are asking him to leave???This is a ethical deliema which you and the company should decide on
From India, Delhi
On a personal ground, we would think that by issuing him a relieving letter would save his career but what about your company's image in case the next company he/she is associated find the same issues for which you are asking him to leave???This is a ethical deliema which you and the company should decide on
From India, Delhi
Dear Shyla,
No, what you are stating is not given importance in result of the number of fake resumes circulating these days. Unless there is an association of employers who agree to do what you are saying, the system is never followed.
It is the duty of the Company to verify the credentials and not the previous Company to point it out.
Regards,
SC
From India, Thane
No, what you are stating is not given importance in result of the number of fake resumes circulating these days. Unless there is an association of employers who agree to do what you are saying, the system is never followed.
It is the duty of the Company to verify the credentials and not the previous Company to point it out.
Regards,
SC
From India, Thane
Dear swastik,
I am not saying that we mention something like this while issuing the letter, my only point is the company if at the point of employment has this clause that your employment is dependant of full verification and if something is found misrepresnted then the company has an upper hand and can terminate the employee on this ground.In our company this clause is clearly mentioned.
I agree with you that it is the company's duty to verify the credentials.Infact that is why company's do reference check, but in this particular case, what i understand is the person is already on the rolls and now they wish to ask him to leave the job coz of misrepresentation of facts.
Looking fwd to your views.
From India, Delhi
I am not saying that we mention something like this while issuing the letter, my only point is the company if at the point of employment has this clause that your employment is dependant of full verification and if something is found misrepresnted then the company has an upper hand and can terminate the employee on this ground.In our company this clause is clearly mentioned.
I agree with you that it is the company's duty to verify the credentials.Infact that is why company's do reference check, but in this particular case, what i understand is the person is already on the rolls and now they wish to ask him to leave the job coz of misrepresentation of facts.
Looking fwd to your views.
From India, Delhi
Dear Shyla,
Yes, what you are saying is right but you also must understand that you simply cannot terminate an employee. To terminate an employee you need to go in through a proper Disciplinary Procedure where the guilt of the employee has to be proved beyond doubt. After that you got to serve him notice and if the employee wants he can go to Court/Labour Court or Industrial Tribunal as the case may be. So, after everything is settled in the favour of the Company only then he can be legally terminated.
This can be both time consuming and damaging for both the Company and the employee depending on which side of the decision you are on.
So, in the end, the best and quickest way which is beneficial to both Company and employee is followed, which is asking to resign.
Regards,
SC
From India, Thane
Yes, what you are saying is right but you also must understand that you simply cannot terminate an employee. To terminate an employee you need to go in through a proper Disciplinary Procedure where the guilt of the employee has to be proved beyond doubt. After that you got to serve him notice and if the employee wants he can go to Court/Labour Court or Industrial Tribunal as the case may be. So, after everything is settled in the favour of the Company only then he can be legally terminated.
This can be both time consuming and damaging for both the Company and the employee depending on which side of the decision you are on.
So, in the end, the best and quickest way which is beneficial to both Company and employee is followed, which is asking to resign.
Regards,
SC
From India, Thane
Hi Alka,
The best option is to get the individual to resign.
Since the verification has failed, I assume that the employee has not spent too much time with the company. The employee may not even want a relieving letter as it would show a job change. In case the employee wants a relieving letter, it is best to just mention the designation, dates from and to and the salalry at which the employee was employed with your company.
regards
Ajay
From India, New Delhi
The best option is to get the individual to resign.
Since the verification has failed, I assume that the employee has not spent too much time with the company. The employee may not even want a relieving letter as it would show a job change. In case the employee wants a relieving letter, it is best to just mention the designation, dates from and to and the salalry at which the employee was employed with your company.
regards
Ajay
From India, New Delhi
The process of termination in such cases takes strength from the employment form itself, where it is normally written that the information provided hereinabove for seeking emloyment is true and nothing has been hidden in the organizational interest.
In view of this; a para is added in the appointment letter for the punitive action of hiding such information which warrants for termination. Invariably cases are on account of stating higher qualifications or higher salary. In such cases some co's have taken lenient view and resultantly adjust salary of the employee if the position is critical or demotes the candidates equal to his qualification or salary (This saves lot of time & cost of recruitment and in turn co' gains the trust level of candidate). Largely people have been asked to leave, in view of substantial evidence after verification and co' policy.
Therefore recommendation for issuing relieving letter is against tendering resignation and not termination. The principle of discharge simpliciter applies in such cases, where no enquiry is required and you can terminate the employee post-facto, if the employee resists on resigning.
Pls avoid issuing letter of appointment till you complete your verification process if it mandatory for all the positions.
As a good HR practices, co's now a days get the verification done before the joining of the candidate and they use third party for such services; which are faster and company avoids taking the candidate on roll rather than terminating after appointing.
This is a process which indirectly disturbs your attrition ratio. Think HR as a business partner; delayed process of verification directly impacts the business.
I think the suggestions given above is valid and go by which best fits to the situation.
Parashar
From India, Delhi
In view of this; a para is added in the appointment letter for the punitive action of hiding such information which warrants for termination. Invariably cases are on account of stating higher qualifications or higher salary. In such cases some co's have taken lenient view and resultantly adjust salary of the employee if the position is critical or demotes the candidates equal to his qualification or salary (This saves lot of time & cost of recruitment and in turn co' gains the trust level of candidate). Largely people have been asked to leave, in view of substantial evidence after verification and co' policy.
Therefore recommendation for issuing relieving letter is against tendering resignation and not termination. The principle of discharge simpliciter applies in such cases, where no enquiry is required and you can terminate the employee post-facto, if the employee resists on resigning.
Pls avoid issuing letter of appointment till you complete your verification process if it mandatory for all the positions.
As a good HR practices, co's now a days get the verification done before the joining of the candidate and they use third party for such services; which are faster and company avoids taking the candidate on roll rather than terminating after appointing.
This is a process which indirectly disturbs your attrition ratio. Think HR as a business partner; delayed process of verification directly impacts the business.
I think the suggestions given above is valid and go by which best fits to the situation.
Parashar
From India, Delhi
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Releiving letter.doc