Saswatabanerjee
Partner - Risk Management
[email protected]
Retired Government Servant/advocate
Ghorpade Rajesh
Hr Gernalist
ARTezan
Manager -hr & Liaisoning
Nashbramhall
Learning & Teaching Fellow (retired)
Mnj.tiwari
Service

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Hello, Everyone, I am Manasa , I need a suggestion in writing a relieving letter . Our employee who has worked for our company for 4 years put a resignation on June 15th, 2016 and he is serving the notice period now. When it is been updated to management , they shared the line to include in the service certificate . The reason for separation as "TERMINATED BECAUSE OF BAD BEHAVIOUR" what was happened before is our management is not at all satisfied with the work he does He will not acknowledge the email from the customer , ignore emails from management too. management was sick and tired of their bad attitude so my question even after the resignation and serving a notice period for 2 months is it fair to include the above line in his service certificate
Please suggest .
Thank you

From India, Hyderabad
The remark suggests certain facts that he was terminated after following the due process. Is it true?
From India, Kochi
The question is first, was he terminated or did he resign ?
If he was terminated, then relieving letter should state he was terminated, and the reason for termination may be given. But then, as pvenu said, if you have not followed due process, then you are giving him a chance to go to court.
If he resigned and served notice then writing terminated is incorrect.
In any case, few employers bother to write such things and spoil career of employees. It's an unfortunate vindictive streak that makes for a bad Company to work with. A service certificate should only state number of years and designation. Leave the rest for background verification.
But ofcourse, there is nothing in law stating employer can't put such a statement (provided it is termination)

From India, Mumbai
HE WAS RESIGNED and serving notice period now . Our management took this statement as they were not satisfied with his work , He is in Knowledge transfer now.
From India, Hyderabad
instead of the above line from management can we modify this line in the letter !
If we do that , can we shoot that line in service certificate/ relieving?
An immediate response is expected .
Thank you

From India, Hyderabad
I am not a HR expert. As a lay person, I would like to know if the company were to say something to the following effect, whether it's legal.
Mr. xxxx has worked for our company for the past 4 years and we are very pleased that he has put in his resignation and we do not have any intention of considering him for a job in our organization in the future.

From United Kingdom
The organization must avoid using these kind lines, as if the person reaches to any court of law, it is very difficult for that organisation to prove the bad behavior, as if the person has bad behaviour, whey have hired him, if hired what kind of remedies / training they have imparted to resolve these behavioural issues etc. Or while hiring he was good, and changed his / er behavior later then it might the situation or frustration due to organisation culture, or other many things pertaining to a human behavior.
From India, Gurgaon
Ethically it is not good to mention such line in Relieving Order or Experience Certification, as Employee has resigned on his own accord, and also serving the notice period as per set norms of the organization.

Actually in this case, Management seems to be late in providing insights to HR about their viewpoint and hence, HR could not take appropriate action in tune to Management's viewpoint. If it would have been communicated properly then HR would have initiated disciplinary action against the employee and could develop base for termination on basis of non-satisfactory performance.

But in this case, situation is bit different. Management's approach for putting negative remark in relieving order without logical base and in absence of documentary proofs may invite legal consequences.

It will be violation of natural justice and his fundamental rights. Moreover, in that scenario Management wont have proper stand to justify its intention without documentary proofs and procedure.

Not recommended at all.

Regards,

Ghorpade R.J.

From India, Bhopal
Hello everyone ,
As a HR , I do have an intention that he should not get a very bad remark and we want to run this relieving process smooth so that it can be a lesson for the employee and fellow team members too .
I can take the above line and help me wat else can we write ?
Thank you

From India, Hyderabad
Anonymous
Has his bad behavior been documented. Have you ever issued a show cause notice, charge sheet or even a memo. What if he goes to court challenging the statement of termination, when actually it's a resignation. Does your Organisation have an ethics policy? Please advise the management that one needs to have documented any misbehavior and misconduct and the employee must have acknowledged such document. Apprise them of the consequences, in case the employee decides to react legally. It will effect the reputation and brand equity of your employer and they will be labeled as unethical. Future hires would be difficult, since such things spread through word of mouth. Your existing employees will also lose respect for your Organisation and attrition will be difficult to handle.
From Indonesia, Jakarta

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