Hello everyone,
I am working as an HR Administrator in an IT company. Recently, we had to terminate two employees because their performance was not meeting expectations, and they failed to adhere to company policies. Neither of the employees had completed their probation period. They are requesting a letter, such as a relieving letter, from the company. Could anyone please provide guidance on what should be included in such a letter? I do not intend to craft an overly positive relieving letter as their termination was necessary due to the reasons mentioned above. Your assistance in this matter is greatly appreciated.
From India, Mumbai
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I am working as an HR Administrator in an IT company. Recently, we had to terminate two employees because their performance was not meeting expectations, and they failed to adhere to company policies. Neither of the employees had completed their probation period. They are requesting a letter, such as a relieving letter, from the company. Could anyone please provide guidance on what should be included in such a letter? I do not intend to craft an overly positive relieving letter as their termination was necessary due to the reasons mentioned above. Your assistance in this matter is greatly appreciated.
From India, Mumbai
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Hi Huma,
If you are looking for a sample relieving letter then please use the search tab given in this page. Again if you are looking for a specific letter for termination, then I would suggest you not to mention the same in their experience or relieving letter, as that does not look good in their career length or history. Some companies do issue the same reason while exiting. If you have provision, not to mention the same then that would be appreciative, though the employees have not completed their probation period.
You have mentioned that they did not follow the company policy. This does not make us understand the specific reason. Please find below some reason wherein the company does not consider anything, for not to provide the actual reason for discharge or termination, both sides.
Falsifying or withholding information on your employment application that did or would have affected company’s decision to hire you (this conduct will result in your immediate termination)
Insubordination
Refusing to work reasonable overtime; at times for project deliverables, etc
Negligence in the performance of duties likely to cause or actually causing personal injury or property damage, etc
Fighting, arguing or attempting to injure another;
Destroying or willfully damaging the personal property of another, including company’s property
Breach of confidentiality
Using or appearing to use for personal gain any information obtained on the job
Using Impelsys property or services for personal gain or taking, removing or disposing of company's material, supplies or equipment without proper authority
Gambling in any form on company's property;
Dishonesty & Theft
The possession, use, sale or being under the influence of drugs or other controlled substances during working hours or on the company's premises
Carrying or possessing firearms or weapons on Company's property
Unauthorized absence from work without proper notice and engaging in discriminatory or abusive behavior, including sexual harassment.
From India, Bangalore
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505If you are looking for a sample relieving letter then please use the search tab given in this page. Again if you are looking for a specific letter for termination, then I would suggest you not to mention the same in their experience or relieving letter, as that does not look good in their career length or history. Some companies do issue the same reason while exiting. If you have provision, not to mention the same then that would be appreciative, though the employees have not completed their probation period.
You have mentioned that they did not follow the company policy. This does not make us understand the specific reason. Please find below some reason wherein the company does not consider anything, for not to provide the actual reason for discharge or termination, both sides.
Falsifying or withholding information on your employment application that did or would have affected company’s decision to hire you (this conduct will result in your immediate termination)
Insubordination
Refusing to work reasonable overtime; at times for project deliverables, etc
Negligence in the performance of duties likely to cause or actually causing personal injury or property damage, etc
Fighting, arguing or attempting to injure another;
Destroying or willfully damaging the personal property of another, including company’s property
Breach of confidentiality
Using or appearing to use for personal gain any information obtained on the job
Using Impelsys property or services for personal gain or taking, removing or disposing of company's material, supplies or equipment without proper authority
Gambling in any form on company's property;
Dishonesty & Theft
The possession, use, sale or being under the influence of drugs or other controlled substances during working hours or on the company's premises
Carrying or possessing firearms or weapons on Company's property
Unauthorized absence from work without proper notice and engaging in discriminatory or abusive behavior, including sexual harassment.
From India, Bangalore
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Mentioning such thing in relieving letter is not suggested Regards
From India, Mumbai
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From India, Mumbai
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Dear Huma,
As you understand, within the 6-month probation period, it is not really possible to achieve the goal in such a short time. Half of the duration is spent understanding the company culture or processes. Therefore, termination of the employee in such cases is a mutual understanding from both sides. I believe that in cases of termination, we should take a resignation letter from the concerned employee and clear their dues instead of issuing a termination letter to avoid any legal controversy in the future.
If you have also handled it in the same way, then there should be no problem issuing the experience certificate or relieving letter for the employee's better future, especially if they have not committed any serious misconduct or crime.
From India, Mumbai
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As you understand, within the 6-month probation period, it is not really possible to achieve the goal in such a short time. Half of the duration is spent understanding the company culture or processes. Therefore, termination of the employee in such cases is a mutual understanding from both sides. I believe that in cases of termination, we should take a resignation letter from the concerned employee and clear their dues instead of issuing a termination letter to avoid any legal controversy in the future.
If you have also handled it in the same way, then there should be no problem issuing the experience certificate or relieving letter for the employee's better future, especially if they have not committed any serious misconduct or crime.
From India, Mumbai
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Hi Huma,
If the services are not found satisfactory during the probationary period, you have two options:
1. Either you can extend his probationary period for another three months.
2. If, despite this, his performance is found unsatisfactory, you can terminate his service by serving a letter stating the reasons.
Before this, please ensure that such a clause is mentioned in his appointment order. If yes, you can issue a termination letter. If not, you can ask him to resign and relieve him at the earliest as the probationary period does not require any notice period from either side.
Hope it is clear.
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Retired Labour Laws Consultant
From India, Bidar
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If the services are not found satisfactory during the probationary period, you have two options:
1. Either you can extend his probationary period for another three months.
2. If, despite this, his performance is found unsatisfactory, you can terminate his service by serving a letter stating the reasons.
Before this, please ensure that such a clause is mentioned in his appointment order. If yes, you can issue a termination letter. If not, you can ask him to resign and relieve him at the earliest as the probationary period does not require any notice period from either side.
Hope it is clear.
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Retired Labour Laws Consultant
From India, Bidar
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Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx