Saswatabanerjee
Partner - Risk Management
Jeevarathnam
Sr. Manager Hr/admin
Pganeswararao
Dy. General Manager - Hr & Admn.

Hi Everyone,
We have terminated one employee in probation period for his misbehave with seniors and company Managing Director.
For his exit formalities he is not ready to sign on termination letter and asking for relieving letter and experience letter.Also we have not given him one month salary as he was in probation period. one month back we extended his probation. We have sent email to him for his extension of probation but we don't have any physical letter of the same.
We have told him clearly that in case of termination under code of conduct we can't give you relieving letter and experience letter.
But now he is still misbehaving and giving threatening for legal.
He is denying for signing the termination letter.
I want to confirm that at the time of termination if employee refuse to sign on the termination letter which is given by the company.what action do we need to take.
Please suggest.
Thanks
Shiavni
20th May 2016 From India, New Delhi
Do you have any proof for misbehaving with the seniors & MD?
Did you receive any written complaints(Either signed document or email) from those employees?
If yes what are the disciplinary actions did you take before terminating?
If at all there is any mail correspondence on the termination even that acts as a valid document.
Issuance of relieving & experience letters are part of the company policy if employee is under the probation.
If still he is asking for those then still you can issue but mention the reason for termination & his behavioral attiude in those where in those will not be useful
20th May 2016 From India, Bangalore
Ms. Shivani,
While issuing Probationary Order, we clearly mention if the performance is not upto the mark,
not satisfactory to the Management, services may be terminated without any notice.
If the employee misbehaves with the superiors, we ensure to change his attitude by issuing
Show Cause Notice / Warning letter to correct himself as an opportunity. Even though the
employee does not change his attitude, we can terminate the employee without any notice.
Giving relieving & service certificates is management discretion, which we can not demand
the management as he is in allegation.
We hope that you can understand now.
Rgds
PGR.
DGM - HR
20th May 2016 From India, Hyderabad
A termination letter is actually a relieving letter.

So you do not need to issue a separate relieving letter.

Further, the termination letter should also give the details of employment and therefore will also be equivalent to an experience letter. His refusal to sign the termination letter makes little difference. In that case, send him a copy by registered post, acknowledgment due.

The question is then how the termination has taken place and what rules have been followed.

If you have terminated him for misconduct, then there should be a domestic inquiry and all relevant rules must be followed. If you have not done that, then the employee is eligible for reinstatement by the court.

if on the other hand, you are terminating him on grounds that he is in probation and that probation is not successful, then its better not to state misconduct. Under your standing orders, or under the rules specified in the appointment letter, you will have a clause of termination during probation without notice and that will suffice. But you can be in both places at the same time.

Going legal, as they say, is expensive and most employees cant find it difficult to take the legal route. In some cases, the political parties or unions provide free legal services. However, if they do go, the courts are generally in their favour. So, it would be a good idea for you to take the help of an expert or a labour lawyer to ensure you are in the correct position. You can also take the help of some of the senior members of this forum on a paid assignment if your management needs.
20th May 2016 From India, Mumbai
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