Dear Friend,
The best way is to amicably take a "Resignation Letter" from the person concerned and relieve him in the regular course from employment. You can also give him a Service Certificate for the period of work.
Please do not write any unwanted comments. If you still feel, Conduct certification need not be forming part of Service Certificate.
If you try to jump to ceiling, you may just have to additional spend your time conducting enquiry meetings etc. etc. and further if goes to court of law, it becomes more pain for you to handle the case out.
Just call him ; Warn him ; Collect a Resignation Letter ; Relieve him with immediate effect.
Simple as such.
Life is simple as long as you do not complicate it.
Best Wishes,
Suresh K
Mobile : 98401 18200.
From India, Chennai
9The best way is to amicably take a "Resignation Letter" from the person concerned and relieve him in the regular course from employment. You can also give him a Service Certificate for the period of work.
Please do not write any unwanted comments. If you still feel, Conduct certification need not be forming part of Service Certificate.
If you try to jump to ceiling, you may just have to additional spend your time conducting enquiry meetings etc. etc. and further if goes to court of law, it becomes more pain for you to handle the case out.
Just call him ; Warn him ; Collect a Resignation Letter ; Relieve him with immediate effect.
Simple as such.
Life is simple as long as you do not complicate it.
Best Wishes,
Suresh K
Mobile : 98401 18200.
From India, Chennai
Dear Mr. Raja,
You can issue a experience letter for the person service rendered by him.
On legal point of view if you have to terminate any permanent employee, you will have to issue warning letter and you have to get a reply from the employee within 10 to 15 days. If the reply is not satisfactory,you can appoint neutral person( lawyer) who will hear both the sides and will give his views. Based on that you have to decide whether to keep him in service or not. Merely by issuing a termination letter will not have any effect, on the contrary you will be buying the trouble.
If already terminated, you can issue a experience letter.
Requesting you to not to do anything in haste.
Regards.
Ravi.
From India, Mumbai
You can issue a experience letter for the person service rendered by him.
On legal point of view if you have to terminate any permanent employee, you will have to issue warning letter and you have to get a reply from the employee within 10 to 15 days. If the reply is not satisfactory,you can appoint neutral person( lawyer) who will hear both the sides and will give his views. Based on that you have to decide whether to keep him in service or not. Merely by issuing a termination letter will not have any effect, on the contrary you will be buying the trouble.
If already terminated, you can issue a experience letter.
Requesting you to not to do anything in haste.
Regards.
Ravi.
From India, Mumbai
If you terminate (dismiss) an employee for a misconduct by passing an appropriate order, where does the question of reliving him arise ? when you termiate an employee for a misconduct, you cannot say " I will not relieve you". Bothe the actions are self contradicting .You need however to give servcie certifiacte for the period of servcie he renderd to your company. as Mr.suresh & Ravi have suggested.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
Dear Raj,
First of all, if you have terminated the employee by following a disciplanary procedure, then you cannot issue him a Relieving Letter because Termination Letter itself says that your service has been terminated with immediate effect...... .... , which means the employment of the delinquent employee ceases to exist after the issuance of termination letter. Hence, it is not logical to issue a Relieving Letter.
Further, if you have just asked the employee to submit his resignation letter (which mostly happens), then it is imperative to issue him the Relieving as well as Experience Letter. As such case, please ignore the suggestion posted above that you should mention the remark "Job terminated due to misconduct" in the Relieving /Experience Letter.
You must appreciate that HR also plays the role of a rehabilitator and by writing such a 'remark' in the Relieving Letter, you will destroy a career of a person forever as he will never be able to find a good job any where as termination happened due to misconduct. No employer would like to recruit a person whose service has been terminated due to misconduct. However, if you feel that employee was a mischievous one and deserves to suffer even after termination of his job from your company, then you are free to take a call of your own.
Rgds,
Rakesh Pd Srivastav, Jaipur
From India, Gurgaon
First of all, if you have terminated the employee by following a disciplanary procedure, then you cannot issue him a Relieving Letter because Termination Letter itself says that your service has been terminated with immediate effect...... .... , which means the employment of the delinquent employee ceases to exist after the issuance of termination letter. Hence, it is not logical to issue a Relieving Letter.
Further, if you have just asked the employee to submit his resignation letter (which mostly happens), then it is imperative to issue him the Relieving as well as Experience Letter. As such case, please ignore the suggestion posted above that you should mention the remark "Job terminated due to misconduct" in the Relieving /Experience Letter.
You must appreciate that HR also plays the role of a rehabilitator and by writing such a 'remark' in the Relieving Letter, you will destroy a career of a person forever as he will never be able to find a good job any where as termination happened due to misconduct. No employer would like to recruit a person whose service has been terminated due to misconduct. However, if you feel that employee was a mischievous one and deserves to suffer even after termination of his job from your company, then you are free to take a call of your own.
Rgds,
Rakesh Pd Srivastav, Jaipur
From India, Gurgaon
Dear Raj,
If the employee has been terminated due to integrity(Theft / Mis behaviour) you can give the relieving letter mentioning the reason why he has been terminated. The person will not show the letter to his future company or he will create a new relieving letter using your company letter. But remember when you have been requested for background verification you can clearly mention the reason in it.
If the employee has been terminated due to poor performance in job then you can give a general relieving letter mentioning his good conduct.
(Nowadays this is not frequently happening since the company ask the employee to resign and look for other job). remember this employee would be hired in your company for his better performance in his previous company.
From India, Mumbai
If the employee has been terminated due to integrity(Theft / Mis behaviour) you can give the relieving letter mentioning the reason why he has been terminated. The person will not show the letter to his future company or he will create a new relieving letter using your company letter. But remember when you have been requested for background verification you can clearly mention the reason in it.
If the employee has been terminated due to poor performance in job then you can give a general relieving letter mentioning his good conduct.
(Nowadays this is not frequently happening since the company ask the employee to resign and look for other job). remember this employee would be hired in your company for his better performance in his previous company.
From India, Mumbai
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Relieving Clearance form.doc