Hello Everyone I am working as HR Administrator in an IT company. Recently we had terminated two employees because their performances were not good and they failed to follow company policies. Both the employees have not completed their probation period. They would like a letter, for example relieving letter from the company. Can anybody please guide as to what I should mention in such letter. I do not want to prepare a very nice relieving letter as they have been terminated due to the above reasons. Your help in this is highly appreciated.
From India, Mumbai
From India, Mumbai
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
477If 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
Dear Huma,
As you also understand that, within the 6 month (probation) such short period is really not possible to achieve the goa, as half of duration is spend to understand the company culture or process..
Therefore, such case termination of employee is mutual understanding with both side. As i believe that, in case termination case, we take the resignation letter from concern employee & clear his dues instead of issueing termination letter to avoid any legal contravercy in future.
So, if you have also done by same way, then there is nothing any problem to issue him the experience certificate or relieving letter atleast his better future. as he has not committed to any seriouse missconduct or crime.
.
From India, Mumbai
As you also understand that, within the 6 month (probation) such short period is really not possible to achieve the goa, as half of duration is spend to understand the company culture or process..
Therefore, such case termination of employee is mutual understanding with both side. As i believe that, in case termination case, we take the resignation letter from concern employee & clear his dues instead of issueing termination letter to avoid any legal contravercy in future.
So, if you have also done by same way, then there is nothing any problem to issue him the experience certificate or relieving letter atleast his better future. as he has not committed to any seriouse missconduct or crime.
.
From India, Mumbai
Hi Huma,
If the services are not found satisfactory during the probationary period you have two option :
1. Either you can extend his probationary period for another three months
2. In spite of this, his performance is found not satisfactory you can terminate his service by serving letter stating the reasons.
Before this please see that such clause is mentioned in his appointment order or not. If yes you can issue termination letter. If not you can ask him, to resign and relieve him at the earliest as probationary period does not need any notice period either side.
Hope it is clear.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws consultant
From India, Bidar
If the services are not found satisfactory during the probationary period you have two option :
1. Either you can extend his probationary period for another three months
2. In spite of this, his performance is found not satisfactory you can terminate his service by serving letter stating the reasons.
Before this please see that such clause is mentioned in his appointment order or not. If yes you can issue termination letter. If not you can ask him, to resign and relieve him at the earliest as probationary period does not need any notice period either side.
Hope it is clear.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws consultant
From India, Bidar
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Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx