Termination Letter- seniors reply

Dear Seniors,

I have been asked to draft a termination letter for our company on a immediate basis.I understand that these things are very legal and a legal things needs to be approved by a lawyer.Please help me doing the same.

Regards
Smita Nair

Dear Deepa,

It's strange that u have been asking a quest. & u havn't recd. a letter for so long. I am a new member in this team. I just thought if I cud help u. I think u have already got one reply. That is really a good one. It helped me too. Otherwise I am just giving u another sample of a termination letter that we follow :

Dear Sir,

This is to inform you that the Management has decided to determine your contract of employment with the Company with immediate effect.

In accordance with clause no. ----of your Appointment letter no. -----------dated ---------, you are being paid herewith --------- (Rupees ----- only), by draft no. -------, dated ---------, in your favour and payable at --------, being a sum equivalent to your 3 month’s salary in lieu of 3 month’s notice.

You may apply in the prescribed form to the authority for payment of your Provident Fund.

Yours faithfully

OR

This is to advise you that, your services in the Company are no longer required and it stands terminated with effect from the close of business on ----------.

You will be paid an amount equivalent to your three months’ pay (whatever is his notice period) in lieu of notice period. We are advising Accounts Department to make payment accordingly to you.

You are advised to contact the Accounts Department for settlement of your accounts.

You are also required to handover all the properties and documents of the Company in your possession.

You will be paid your provident Fund for which you are to apply to the Trustees of the Fund. You are also advised to apply in the prescribed form for payment of your gratuity dues.


Yours faithfully

OR (This does not talk of any payment either)

This is to advise you that, your services in the Company are no longer required and it stands terminated with immediate effect.

You are advised to handover all the properties and documents of the Company in your possession, immediately.

For your Provident Fund please apply to the Trustees of the Fund. You are also advised to apply in the prescribed form for payment of your gratuity dues.


Yours faithfully,

These are some samples I had. Actually we havn't had any fraud practices in our history. Even if there has been we are too soft in this area & just ask the person to leave. He eventually resigns. U cud force him to resign, unless not otherwise.
Hope I have satisfied u.
Thanx.
Ann

I am sorry Smita, I wrote by mistake ur name as Deepa.
Bye
Ann

HELLO,

well although not a senior member i have read a lot bout chargesheetin employees(being a 2nd yr mba student with hr)
two books-
KKchaudhauri- personnel mgmt for executives
Awasthapa - Hr Mgmt

any of these should provide you with all of your answers
thank you

Hello Dips A termination letter, if you are issuing after a proper disciplinary action then it would require to be legally drafted. So better consult an expert if the employee is covered under labour laws.If the termination letter mentions any misbehaviour/misconduct then a proper enquiry is to be held. However for managerial staff the best option is to terminate services as per the offer of appointment by issuing a discharge simpliciter, which can read as follows:

Shri ----
Design:



In terms of clause no. of the offer of appointment dated issued to you and accepted by you on , you are hereby discharged from the services of this organisation. We enclose a cheque (No. dated ) for an amount of Rs. towards notice period.
We thank you for the services rendered to the company.

Thanking you.



I hope the above would meet your requirement Regards Nair KK

i totally concur with nair... termination should not be about a soundly drafted letter of discharge... it is a process in its self which culminates with the issuance of the termination letter.. employees who are governed under the statutes (like industrial disputes act) cannot and should not be terminated - but for as punishment - which is established beyond doubt through the domestic enquiry procedure.
as for employees in "managerial" positions (and don't go by designation only), i would still prefer to have them amicably leave the organization as against issuing a termination letter.... please note that our labour and hon'ble supreme and high courts do not accept management arguments on unilateral terminations (unless based on - loss of confidence or acts of moral turpitude) that easily.
the bottom line according to me is that the process involved while terminating an employee is more important (not to say that the termination letter can be ill-drafted) than the letter itself.
regards,
mxsingh

thank you so much for your inputs.
reading this has helped me to use it in my organization as im the only HR in my organisation.
also can any one help me with this:
i had read somewhere as per Family Act an employee can avail leave for his sickness or for his spouse. however if the period of leave cannot be extended and employee is not joined back to work due to family problems and also not replied to the calls or mails.then we will terminate the employee.
but the main thing is employee handling crucial positions in the organisation and showing such low behaviour then what actions can be taken from HR side to stop such behaviuors in future. i will be greatfull if u'll reply to this.