hi dere,
we as hr come across many situations where d company finds no way other than trminating the employee. there are several legal implications also dere. here i wud like some senior members to throw light on various legalities which shud be considered while framing a termination letter of the employee. I will highly thankful if somebody cud help me with a standard format of a termination letter..
dips
From India, Delhi
10we as hr come across many situations where d company finds no way other than trminating the employee. there are several legal implications also dere. here i wud like some senior members to throw light on various legalities which shud be considered while framing a termination letter of the employee. I will highly thankful if somebody cud help me with a standard format of a termination letter..
dips
From India, Delhi
Hi Deepali,
Have seen your mail & am sorry that I could not reply immediately . Before I give you a standard format there are a few points which I would like to tell you so that it will be easier to type the letter in case you come across such a situation wherein you will be required to issue a letter of this kind.
a.Discuss with the top management as to why / or the reason for which the employee is being terminated??
b. What is the problem faced by the employee that has caused his perfomance to reach a rockbottom level that the mgt has decided to terminate him.
c.check the records & find out how long he / she has served the organization.
d.Whether the employee was on the payroll (permanent) or on probation ?
Coming to the format of the letter please find below a format (of course you will need to make a few changes as to adapt the subject matter to the situation that you are facing)
Date:XXXXX
Dear ABC,
Ref:Termination of your services from our organization
With reference to the above the management has hereby decided to terminate your services with immediate effect (or with effect from.........). As discussed earlier the reason for the same is .......................(whatever is the reason : non-performance / fraud / misappropriation of funds ,frequent absenteeism latecomings etc).Despite having given opportunities & leniency bby the management there has been no change or improvement in your performance (or behaviour if he / she has an attitude problem or not getting along with colleagues etc) .
On the basis of the above you are hereby terminated & releived from your services to this organisation & your last working day will be............
Your final settlement will be cleared by the finance department (they should be intimated so there is no delay on this and also there should be no dues by this employee to the organisation)You will handover the Company property to the Administration Dept.
We take this opportunity to thank you for your contribution to the company (this part will not apply if the employee has been caught embezzling funds)during the tenure here with us & wish you luck on your future endeavours.Please acknowledge this letter as a token of your understanding
Authorised Signatory Witness
Please note that if you wish to terminate the employee in absentia then check the records & send a termination letter by Registered Post to the residence address & file the acknowledgement so that you are on the safer side!!!!! .
I hope that you will find this useful as I have tried my best to make this as simple as possible. Seniors please correct me if I am wrong & also request you to help Ms. Deepa out on the same.
All the very best to you Deepa & hope your problem will be sorted out soon. Keep in touch. :D
Regards,
Sadashiv Rao
From Kuwait, Kuwait
Have seen your mail & am sorry that I could not reply immediately . Before I give you a standard format there are a few points which I would like to tell you so that it will be easier to type the letter in case you come across such a situation wherein you will be required to issue a letter of this kind.
a.Discuss with the top management as to why / or the reason for which the employee is being terminated??
b. What is the problem faced by the employee that has caused his perfomance to reach a rockbottom level that the mgt has decided to terminate him.
c.check the records & find out how long he / she has served the organization.
d.Whether the employee was on the payroll (permanent) or on probation ?
Coming to the format of the letter please find below a format (of course you will need to make a few changes as to adapt the subject matter to the situation that you are facing)
Date:XXXXX
Dear ABC,
Ref:Termination of your services from our organization
With reference to the above the management has hereby decided to terminate your services with immediate effect (or with effect from.........). As discussed earlier the reason for the same is .......................(whatever is the reason : non-performance / fraud / misappropriation of funds ,frequent absenteeism latecomings etc).Despite having given opportunities & leniency bby the management there has been no change or improvement in your performance (or behaviour if he / she has an attitude problem or not getting along with colleagues etc) .
On the basis of the above you are hereby terminated & releived from your services to this organisation & your last working day will be............
Your final settlement will be cleared by the finance department (they should be intimated so there is no delay on this and also there should be no dues by this employee to the organisation)You will handover the Company property to the Administration Dept.
We take this opportunity to thank you for your contribution to the company (this part will not apply if the employee has been caught embezzling funds)during the tenure here with us & wish you luck on your future endeavours.Please acknowledge this letter as a token of your understanding
Authorised Signatory Witness
Please note that if you wish to terminate the employee in absentia then check the records & send a termination letter by Registered Post to the residence address & file the acknowledgement so that you are on the safer side!!!!! .
I hope that you will find this useful as I have tried my best to make this as simple as possible. Seniors please correct me if I am wrong & also request you to help Ms. Deepa out on the same.
All the very best to you Deepa & hope your problem will be sorted out soon. Keep in touch. :D
Regards,
Sadashiv Rao
From Kuwait, Kuwait
thanx sadashiv, firstly i m deepali, den thanx for d help. and i also want to know abt other issues which shud b considered while handing over the termination letter to the employee.. dips
From India, Delhi
From India, Delhi
Hi Deepali,
thanks for your mail. Please note that if the employee was on payroll & if at all an appointment letter was issued to him/ her then check if there is a clause that if the employee is asked to leave the company then whether 1 months salary for the notice period will be paid (in case of Fraud / misappropriartion this is not applicable) or not.
If the clause is there then the employee has to be paid this .
Other issues I am not able to recollect right now but if I do I will keep you posted. keep iin touch!!!!
Regards,
Sadashiv Rao :D
From Kuwait, Kuwait
thanks for your mail. Please note that if the employee was on payroll & if at all an appointment letter was issued to him/ her then check if there is a clause that if the employee is asked to leave the company then whether 1 months salary for the notice period will be paid (in case of Fraud / misappropriartion this is not applicable) or not.
If the clause is there then the employee has to be paid this .
Other issues I am not able to recollect right now but if I do I will keep you posted. keep iin touch!!!!
Regards,
Sadashiv Rao :D
From Kuwait, Kuwait
HI, YA DAT IS DERE IN D CLAUSE. LET ME KNOW D ODER ISSUES ALSO AS U RECALL. REST I LOOK FOR ODER MEMBERS ALSO TO RESPONSE ME 4 DIS. DIPS
From India, Delhi
From India, Delhi
One should avoid temptation to use standard drafts of termination letters.
One has to consider the following before a draft could be made.
a) To what category the employee belongs? "Workman" under ID Act or non-workman as far as ID Act is concerned!
b) The reason for termination of employment. Punitive or a Discharge Simpliciter?
c) If punitive, has legal formalities been completely observed?
d) If a discharge simpliciter, then has a confidential note (not to be issued to the employee) been prepared for office records?
For a non-workman category, have the basic terms and conditions been studied?
Once we have answers to these questions only then should a Termination Letter be prepared so that it will stand the scrutiny of law.
Regds.
From India, Pune
One has to consider the following before a draft could be made.
a) To what category the employee belongs? "Workman" under ID Act or non-workman as far as ID Act is concerned!
b) The reason for termination of employment. Punitive or a Discharge Simpliciter?
c) If punitive, has legal formalities been completely observed?
d) If a discharge simpliciter, then has a confidential note (not to be issued to the employee) been prepared for office records?
For a non-workman category, have the basic terms and conditions been studied?
Once we have answers to these questions only then should a Termination Letter be prepared so that it will stand the scrutiny of law.
Regds.
From India, Pune
hi samvedan,,
thanx for ur reply. i'll consider dat, bt d thing is actually i have no practical experience in dis area and right i have no senior over me to tell or guide. dat's i need to have ideas from standard formats.
dips
From India, Delhi
thanx for ur reply. i'll consider dat, bt d thing is actually i have no practical experience in dis area and right i have no senior over me to tell or guide. dat's i need to have ideas from standard formats.
dips
From India, Delhi
Hi all,
I was wondering can we issue any such termination letter straight away to any permanent employee irrespective of his position.
I agree with Samvedan and Sabashiv rao that we should go into details of the case on the records and off the records, before terminating individual from job. However any disciplinary action calls for procedure as per principle of Natural Justice.
An opportunity should be given to employee to express himself and based on the merits of the case disciplinary action should be taken. Termination letter can be issued if decided for it, but sd contain the information about the enitre procedure.
I feel there sd be more dicsussion on this subject to have clarity.
rgds,
From India, Hyderabad
I was wondering can we issue any such termination letter straight away to any permanent employee irrespective of his position.
I agree with Samvedan and Sabashiv rao that we should go into details of the case on the records and off the records, before terminating individual from job. However any disciplinary action calls for procedure as per principle of Natural Justice.
An opportunity should be given to employee to express himself and based on the merits of the case disciplinary action should be taken. Termination letter can be issued if decided for it, but sd contain the information about the enitre procedure.
I feel there sd be more dicsussion on this subject to have clarity.
rgds,
From India, Hyderabad
hey folks,
let me state a real situation here, though he has been fired.
one of our sales exec. did not attend two continuous sales meeting wid GM, ho didn't even cared to communicate it dat he wud not b able to come , he didn't pick d phone. and den management also find him underperformer. Now when management sent him his termination letter on above accounts, he replied to it saying dat he cud not come b'coz he went for Ganesh Puja and cud not communicate coz it was a national holiday(though it was only a regional holiday) and den also he never had regrets for dat bt said if goinfg 4 apuja can take away my job, if serving God resulted dis , den let it happen..
So just luk at dis situation.What areason!!!!
dips
From India, Delhi
let me state a real situation here, though he has been fired.
one of our sales exec. did not attend two continuous sales meeting wid GM, ho didn't even cared to communicate it dat he wud not b able to come , he didn't pick d phone. and den management also find him underperformer. Now when management sent him his termination letter on above accounts, he replied to it saying dat he cud not come b'coz he went for Ganesh Puja and cud not communicate coz it was a national holiday(though it was only a regional holiday) and den also he never had regrets for dat bt said if goinfg 4 apuja can take away my job, if serving God resulted dis , den let it happen..
So just luk at dis situation.What areason!!!!
dips
From India, Delhi
Hi Deepali,
I saw your mail on the termination topic & I feel :( for this guy. This only shows his interest & dedication level towards his job. It also goes on to show the level of maturity of an individual who assumes that it is a national holiday & is taking solace in saying that he was attending a pooja. It also shows the irresponsibility on his part of not responding to calls.
Being in the sales line he is expected to deliver his best to customers. What if a ccustomer was trying to reach him on a query?? This would only have resulted in showing the service level of the organisation. It doesnt tale a longtime to badmouth a organisation for their service level.
this is what I have felt & just putting my thoughts on mail to you.
Regards,
Sadashiv Rao :)
From Kuwait, Kuwait
I saw your mail on the termination topic & I feel :( for this guy. This only shows his interest & dedication level towards his job. It also goes on to show the level of maturity of an individual who assumes that it is a national holiday & is taking solace in saying that he was attending a pooja. It also shows the irresponsibility on his part of not responding to calls.
Being in the sales line he is expected to deliver his best to customers. What if a ccustomer was trying to reach him on a query?? This would only have resulted in showing the service level of the organisation. It doesnt tale a longtime to badmouth a organisation for their service level.
this is what I have felt & just putting my thoughts on mail to you.
Regards,
Sadashiv Rao :)
From Kuwait, Kuwait
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