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Anonymous
3

HI, can any one tell me, if somebody terminated from company will he/she get the relieving letter and final settlement.
From India, Hyderabad
korgaonkar k a
2556

Dear ,
Termination letter itself is a reliving letter. There is no need to issue another letter reliving from services.
Final settlement is a right of an employee who leaves the service of whatever reason.

From India, Mumbai
sari.pavani@gmail.com
3

Dear Keshav,
Thank you so much for your quick response.
kindly you clarify me on below things,
- when an employee is terminated, will he get the notice
- eg. if the employee is working for the company from 2 years, Will the company gives a chance for him to give explanation, will they show the evidences for what reasons they want to terminate the employee.

From India, Hyderabad
akshaye
1

Dear Keshav,
Based on your response, I was wondering if the Termination Letter itself is considered as the Relieving letter then how would it help the terminated employee with a new job? According to me, the new employer will be apprehensive in hiring this person because the Term Letter would give all the details including the reason for why he was terminated.
Isn't there any provision for a different Service Letter which would ascertain that he worked from xx date to xx date as xx position. I mean, people do make mistakes but they would obviously learn from their mistakes right? Why penalize them? I somehow feel this is unfair. If the current orgn terminated that's okay then why cause problems with his future prospects?
Please share your thoughts.
Thanks

From India, Hyderabad
launchpad
44

I think there is a confusion over the word " Termination". It is not a routine word to be used for relieving the person from the services. Termination is given only when there are allegations against the employee which is proved. Termination letter is a serious one which is closing the gates for a person in his career.
Relieving letter is not issued against termination as termination is done forthwith. When a person submits his resigantion or the company for its own reasons relieve the employee then relieving letter is issued and the accounts will be settled.
Normally if any person against whom allegations are proved is asked to submit his resignation letter as termination affects his future as well as his benefits earned.

From India, Madras
Raj Rajender
16

Termination is serious term whereas relieving is respectful releasing of employee as uttered by launchpad. Person terminated on serious misconduct, insubordination, damage of property and only released after proper inquiry proved against the charge levied on individual.
Any individual who found the victim of the proved charge and terminated from the job as punishment seems enough for him. We should respect the humanity or natural justice. Instead of a major punishment of termination we should not try any wrong doing against such employee as all do mistake, no one is complete. I advise release the such employee after clearing his dues. This is a man making process. Being an HR professional we should not work for today but try to invent good future.
I like the line of Akshaye in second para.
Wish you all the best

From India, Chandigarh
B K BHATIA
455

There is no concept of Notice period when somebody's services are terminated by the management. Termination can be on grounds of inadequate performance or lack of discipline. But if termination is for right sizing of the organization, to meet business objectives, it shall be a fair (not mandatory) practice to give one month notice to enable an employee to find an alternative job.

Well, there is no bar on issuing a relieving letter, though the organization can mention in the relieving letter that the services of the employee were terminated with effect from dd/ mm/ yyyy on XYZ grounds. Mature organizations, however, prefer not to mention about the termination on the relieving letter; their intention being not to impose a life time bar on an individual's employment. Also mature organizations seldom invoke the termination clause, they prefer asking an employee to resign, which surely is a better option to get rid of a non-performer. But a non-performer normally would remain glued to his/ her chair & may thus be hesitant to quit, since such a person is fully aware of his/ her market worth. In such cases, the organization has no option but to terminate the services.

As regards Full & Final settlement, it must be done in all cases of termination/ forced resignation since the wages due for the period already served can not be denied to an employee who obtains a clearance certificate from all sources before exit. When an employee does not owe anything to the organization, there is no logic in not settling his/ her accounts, within a specified period (say, 2 - 3 months).

Any separation must be with good will, a cardinal principle in all human relationships.

From India, Delhi
akshaye
1

Thank you Mr Raj Rajender,
In fact, even I am trying to find appropriate answers related to a Termination case. I had posted a new message a couple of days back explaining a situation. I haven't seen anybody respond to that. I guess it was too lengthy when I explained the entire sequence of events.
Anyway, let me be very short and crisp with my question to all the seniors on the forum:
1. What should a person do when he is terminated from employment on ethical grounds?
2. How can one find new employment?
3. Should one just write-off that length of service? If yes, then I wonder how can he justify that period?
Any expert advice would be highly appreciated.
Many thanks

From India, Hyderabad
B K BHATIA
455

Under the circumstances, the only alternative before you is to approach your management, with all humility, to help you with an experience letter so that the period you have served with them is adequately covered. I am sure your management may condone your non-ethical behavior & may not like to interfere with your future career.
No pressure tactics work in such cases. You have to literally beg for help, no legal channels can truly help a person if his termination is on moral grounds unless you can prove that you were not a defaulter. It may be good to remember that organizations are more powerful than individuals.

From India, Delhi
Raj Rajender
16

In my view it is not that the person terminated is always wrong, some time a right person become the victim due to his principal and values. You might have heard " Only dead fish go with the flow".

Only those who don't know their work properly having low confidence keep quite even they know boss is not write. They want to remain in good books of boss irrespective of loss that company can face from a single decision of boss which was knowingly not confronted. Everybody have their own experience of life, we should respect the viewpoint of our subordinate and should not hesitate in taking their view and also should be implemented if we think it is good for organization. By this we can win confidence of him/her for all time.

But i personally observed in current scenario bosses are afraid of their smart junior they try to demotivate them every level sometime they use trick to smashup the image of junior in front of other colleague if junior respond it will be taken as misconduct because Mr. boss got the witness also. One or two incident i experienced when i was with my client.

So if termination is because of such situation then you should sell yourself on your value. Tell right thing at the time of interview instead of hiding the fact, every body started their career from the first step

By above i don't want to prove that every seniors do so or every junior keeps good moral values but by this i mean the major responsibility goes to the elder not to junior. why such kind of situation arriving.

Management means what only those people holding the position at top level. If we want to improve whole process we need to improve our value system, we need to understand the difference between man and machine. Man can't be error free.

From India, Chandigarh
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