Hi,
Please help me in drafting the letter. The situation is as follows:
One of our employees came to the office drunk and misbehaved. He was sent back as he was not in a condition to talk. The next day, he resigned. Later, an arbitrator was elected, and an inquiry was held. It was decided to suspend that employee with immediate effect. Additionally, he will be paid his 15 days' salary as final settlement, and the remaining 15 days will be deducted. Now, I have to send a termination letter and final settlement document to his place. Please send me the format for the same.
Thanks
From India, Delhi
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10Please help me in drafting the letter. The situation is as follows:
One of our employees came to the office drunk and misbehaved. He was sent back as he was not in a condition to talk. The next day, he resigned. Later, an arbitrator was elected, and an inquiry was held. It was decided to suspend that employee with immediate effect. Additionally, he will be paid his 15 days' salary as final settlement, and the remaining 15 days will be deducted. Now, I have to send a termination letter and final settlement document to his place. Please send me the format for the same.
Thanks
From India, Delhi
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Hi Is he a workman un der the ID ACt what is his designationj? Why do you terminate him? If you can get a rewsignation letter from him it is the best Siva
From India, Chennai
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From India, Chennai
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Hi Anubita, Plz find enclosed format, you can change it accordingly... But in my opinion to avoid further problems, better to force him to give resignation. Regards, Vaibhav
From India, Aurangabad
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From India, Aurangabad
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You have mentioned that the employee resigned on his own the next day of misconduct .What was the necessity of suspension and enquiry.You could have laid the matter to rest there and then. regards
From India, Pune
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From India, Pune
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Hi Vaibhav,
Thank you for your reply. I have already forced him to resign, and I have the signed copy of his resignation with the date of relieving being Feb 4, 2008. However, he insisted on being relieved later. Our finance director wants me to send a letter stating that we are relieving him with immediate effect due to misconduct. Additionally, we need a final settlement letter that he will sign and return to us. Could you provide me with the formats for these letters?
Thank you once again!
From India, Delhi
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Thank you for your reply. I have already forced him to resign, and I have the signed copy of his resignation with the date of relieving being Feb 4, 2008. However, he insisted on being relieved later. Our finance director wants me to send a letter stating that we are relieving him with immediate effect due to misconduct. Additionally, we need a final settlement letter that he will sign and return to us. Could you provide me with the formats for these letters?
Thank you once again!
From India, Delhi
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Hi,
Most of the Finance Heads insist on termination like this. It is your responsibility to tell them it is illegal to terminate without an inquiry. If he goes to court, he will win hands down. Even if he is not a workman, he can go to Civil Court and get a judgment.
Issue a simple relieving order accepting his resignation. Don't get into complications.
Siva
From India, Chennai
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Most of the Finance Heads insist on termination like this. It is your responsibility to tell them it is illegal to terminate without an inquiry. If he goes to court, he will win hands down. Even if he is not a workman, he can go to Civil Court and get a judgment.
Issue a simple relieving order accepting his resignation. Don't get into complications.
Siva
From India, Chennai
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Hi,
The best way will be to accept the resignation letter. I infer, from what you have written, that the inquiry held by you may not be a legally valid inquiry. What Mr. Siva has advised is absolutely correct.
Regards,
Mohan
From India
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The best way will be to accept the resignation letter. I infer, from what you have written, that the inquiry held by you may not be a legally valid inquiry. What Mr. Siva has advised is absolutely correct.
Regards,
Mohan
From India
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Hi, PFA, the termination letter doc. Hope this help you. Best Regards Farid
From India, New Delhi
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From India, New Delhi
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I read your statement very carefully. I feel sympathy with your terminated delinquent employee. Reporting to work drunk is not such a big offense that warrants termination. You did not mention the employee's position or his past performance. By forcing him to resign and subsequently accepting his resignation, it indicates he is neither part of a union nor a category of employee with bargaining power. Conducting an inquiry after pressuring his resignation and then deciding to terminate him is a gross violation of:
1. Principles of natural justice
2. Unfair labor practices
3. Colorable exercise of power
Rashid
Hi, please help me in drafting the letter. The situation is as follows: One of our employees came to the office drunk and misbehaved. He was sent back due to his condition. The next day, he resigned. Subsequently, an arbitrator was appointed, an inquiry was conducted, and it was decided to suspend the employee immediately. Additionally, he will receive his 15 days' salary as final settlement, with the remaining 15 days being deducted. I now need to send a termination letter and the final settlement document to his address. Please provide me with the format for the same.
Thanks
From Saudi Arabia
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1. Principles of natural justice
2. Unfair labor practices
3. Colorable exercise of power
Rashid
Hi, please help me in drafting the letter. The situation is as follows: One of our employees came to the office drunk and misbehaved. He was sent back due to his condition. The next day, he resigned. Subsequently, an arbitrator was appointed, an inquiry was conducted, and it was decided to suspend the employee immediately. Additionally, he will receive his 15 days' salary as final settlement, with the remaining 15 days being deducted. I now need to send a termination letter and the final settlement document to his address. Please provide me with the format for the same.
Thanks
From Saudi Arabia
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Employee Relations.ppt
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