Company Wants Your Resignation - Letter Format? - CiteHR
Saswatabanerjee
Partner - Risk Management
Riteshmaity
Labour Law Advocate
ManjulaHRD
Sr. Executive Hr
+1 Other

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Hi, My company wants to terminate an employee without notice period pay but they don\'t wants to issue him a termination letter but wants him to give resignation on his own and also wants to inform this to him by mail..
Kindly help me out if there is any letter format for the same
regards
Manjula G
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You want to terminate someone without paying notice pay
That is in the first instance, a wrong and illegal thing
Then you want to trick him into submitting a resignation so that you can relieve him without paying salary for the notice period. And you want our help in drafting an email asking him to do so. I do not think members of this forum will want to help you.
But let me also warn you that in case any such email is sent, it is a valid ground for raising a labour dispute and the courts are very likely to reinstate the employee with back wages
Asking/ forcing/ tricking an employee to submit resignation so that he/ she cannot bring charges against you for "illegal termination" is wrong, illegal and highly unethical.
In my opinion, if he has committed any misconduct, surely terminate him after issuing charge sheet and conducting enquiry.
If he/ she has not committed any misconduct, but the company just want to terminate him (for whatever reasons), then comply with the proper procedure and pay for notice period/ retrenchment pay/ etc, whichever is applicable to him.
Asking someone to submit resignation is like asking someone to commit suicide. I sincerely hope and wish that nobody helps you.
Both senior members has replied aptly, would like to know what would have been the situation if it was told to you instead of someone else. Hence it is requested not to support any such illegal activity which may harm you and your fellow collegues in the longer run. The forum member here are available to help any poster for legal and ethical things.
Manjula,

What you have asked here is against the law and human rights. As you mentioned you are new to the field, never get involed in such activities to impress the management or out of compulsion which will affect your career (just a suggestion). Why should you record yourself/company by sending a mail to the employee forcing to resign?. However, it is to note that, it does happen at various levels and companies as a challenge to the HR professionals. Please advise the management not to do that as it will attract legal labor dispute explaining the consequences. Check the employee record and possible ethical reasons for termination. Do your honest study on both sides. Should you feel that employee deserves termination, do it legally by documentation. If not, try to educate the mangement and win an opportunity to the employee and gain HRD the cofidence from other employees. In the worst case, check whether immediate termination with financial compensation is accepted by your management. All the best.
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