Can We Issue a Relieving Letter to an Employee Terminated for Poor Performance?

Dear Seniors,

I request all seniors to kindly provide valuable clarification on the following: One of our employees was recently terminated due to poor performance in his job. Now, he is requesting to issue him an Experience Certificate and a Relieving Letter.

Issuing him an Experience Certificate seems okay. However, I am a bit confused about issuing a relieving letter to him. My doubt is, can he be given a relieving letter since he's been terminated from his services? Please clarify. Your suggestions are highly appreciated.

Thanks & Regards,
Ambersaleem

Yes, he definitely deserves an Experience Certificate and a Relieving Letter if he has served your company for more than six months. :icon13:

Dear Ms. Minakshi,

Thank you so much for your kind immediate reply. Still, the impression I have about the relieving letter is that it can be issued ONLY to those employees who voluntarily resign from their job.

Since, in the relieving letter, we mention a phrase, viz., "With reference to your resignation letter dated xx/xx/xxxx and subsequent discussions, we are herewith relieving you from all your duties and responsibilities with the closing hours of xx/xx/xxxx...."

Also, if an employee is terminated from his job, will it be appropriate to issue a relieving letter mentioning that "since you have been terminated from your job, you are herewith relieved from your duties and responsibilities with effect from.... / immediate effect"!

Hope you got my point and doubt. Please clarify. Eagerly await your reply.

Thanks & Regards

Dear [ambersaleem](http://citehr.com) <link updated to site home> ( [Search On Cite](https://www.citehr.com/results.php?q=ambersaleem) | [Search On Google](https://www.google.com/search?q=ambersaleem) ) ,

You got it right! When an employee is terminated from his duties, he cannot be issued a letter saying that we accept his resignation. In fact, the wording would be the same as you have used - "since you have been terminated from your job, you are herewith relieved from your duties and responsibilities with effect from...". If the employee denies accepting such a letter, then you need not worry and can file that letter in your docs for future reference. I hope this helps you..

Take care

He can be given a resignation acceptance instead of a relieving letter. If he still insists, issue him a relieving letter clearly mentioning that he has been terminated from service for whatever reasons. Ensure that the termination process was followed in this case to avoid any potential problems.

Dear,

It is not good to mention "termination" in a relieving letter. Instead, you can provide a letter stating that the individual worked in our organization from this date to that date in a specific designation. The individual has been relieved from the company on a particular date, and there are outstanding dues against him. Both purposes will be fulfilled.

Thank you,
J. S. Malik

Hi all,

Everyone has a different view on this. We should consider the reason for termination here. The person was not terminated due to any disciplinary action, nor was he absconding from the job. It was a performance issue, and that is why the organization decided to manage his exit.

My view is that he/she should receive proper relieving and work experience letters, stating that you have accepted his/her resignation. It would hardly matter if he/she joins a different organization, so why not issue him a letter? Maybe he finds a profile where he is not a non-performer.

The basic reason for withholding the relieving letter in any organization is to prevent the employee (who has left the organization for the wrong reasons) from applying or working elsewhere. This reason doesn't hold true in this situation. So, it is better to help him in his career.

Dear Ambersaleem,

The relieving letter states that the "Employee has been removed from the company roles and reminds of the enforcement of NCA and NDA, aftermath the separation". This is a requirement for all employees who leave the company.

In the experience letter, you can be neutral about his tenure while describing his time in the organization instead of a negative note. This can affect his future.

Regards,
Shiv

Dear Amber,

First of all, do not use the term "Termination." An employer cannot terminate an employee just like that; it's a long-term process. If the employee moves to labor court, you will be in trouble, and you cannot justify yourself. However, giving a relieving order does not affect you in any manner. You have sent him out, saying that he is a non-performer, then what's the point in not relieving him from his duties?

Regards,
Dinesh-9962359250

The termination letter itself is his relieving experience as the reasons behind his termination can be anything which is against the interest of the company and its policies. So please do not deal with such cases liberally. SK

1) On what basis have you terminated him?

2) If poor performance, on what basis did you assess the performance?

3) Did you give an oral warning, followed by written warnings at least twice before terminating?

4) Take a resignation letter from him.

5) Give a relieving letter and mention the experience duration in it.

6) Avoid using the word "termination," which is very harsh.

Dear all,

You can use this language.

This is with regards to the separation communication dated on 30th March 2007 stating personal reasons. You are hereby relieved from your services with effect from 21st April 2007.

We wish you all the best in your future endeavors.

With Best Wishes,

Regards
Hema Malhotra

Hi all,

It seems a bit unnatural, but true that each and every case of termination would attract doubt on reemployment. So, as per Malik, that should be a bit painful for getting and landing in the next suitable job. Well, you can argue, but today's mistake of someone should not be a burden for him/her for tomorrow's work. Therefore, the relieving letter should exclude wordings of "terminated."

Thanks and regards,

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Dear Ambersaleem,

As per the Industrial Employment (Standing Orders) Act, 1946, every person is entitled to receive a service certificate (e.g., certificate) at the time of dismissal, discharge, or retirement. However, regarding issuing a relieving letter, you can follow the comments of Mr. J. S. Malick. However, being an HR person, you must ensure that an employee's career is not spoiled. Not performing well in a job doesn't mean the employee should be solely held responsible; there are many factors involved in that. Of course, it is a vast subject to be discussed.

Regards,
Achintya

Dear,

In this case, you need to issue a relieving letter to him even though he has been terminated by you. If you don't relieve him, it means that he is still with your company. However, while giving an experience letter, you can indicate that his performance is not up to the mark.

Regards,
Skantha

Dear Ambersaleem,

As you mentioned that the employee was terminated for poor performance, I hope you followed a full and fair process. We cannot give both a termination letter and a relieving letter to one employee. Since you have already given the termination letter to the employee, the question of relieving does not arise. Please provide a customized letter to the employee, as suggested by Mallik Ji.

Thank you.

Dear Amber Saleem,

I believe I am not wrong in saying that when relieving an employee, we should not harm their career as an HR professional. We can mention in the performance column during their tenure as "Satisfactory" instead of "Good" or "Very Good."

Regards,
Suraj Varma

Dear Michelle,

This is a thread in which we are discussing the relieving letter. I request you to post a new thread for your requirement so that it can receive more attention. I presume that you will gain more insight in this discussion.

Regards,
Shiv

Thank you so much to all seniors!

Well, apparently, there is a difference of opinion on the topic from all your clarifications. Though all your valuable replies are very helpful, the advice given by Ms. Preety Khanna, Ms. Sangeetha Dutta, and Mr. Shringarika Srivastava seems better. I hope I should go with a combination of your replies to handle such a case.

Anyways, Once again thanks for all your clarifications.

Regards,
Ambersaleem

Dear,

It is a must to issue him a relieving letter, resignation acceptance letter, and experience letter as per your company's exit policy. It is not a good practice at all to mention that he has been terminated. At least be empathetic to the person; we are in HR. I hope he has not engaged in any malpractice, hence the termination.

As a standard practice, if he is a confirmed employee, you have to provide him with a notice pay, either as a good practice or as per the company policy. Consider his feelings; if I were in his place, I would never speak positively about the company in the future.

Make a wise decision and be supportive to the resignee.

Maulik

The employee is not meeting your expectations and requirements, but he may flourish in other organizations. A fair example is that in GE, every year 5% of bottom-line performers will be relieved. He may be performing at 85%, but they are the bottom line in the entire organization; hence, they are relieved. One of these types of people joined another company and, after 8 years, has reached the No.3 position.

Regarding the experience letter, you should not mention that he is terminated, as suggested by Mr. Malik; stay silent on the same and issue the letter. Alternatively, obtain a resignation letter from the employee, which will be safer for both sides, and issue the relieving and experience letter. We should not be an obstruction for the employee who served the organization and is leaving on a good note - i.e., except for performance, no negative remarks. As mentioned earlier, his knowledge and performance may be useful in any other organization.

Regards,
Kameswarao

Dear Seniors,

I just wanted to confirm, is there any rule for comp time off? I am in the hotel industry, and one of our employees was asking for comp time off for a national holiday. She was already on her scheduled day off that day. Is this acceptable?

Thank you.

Dear Amber Saleem,

Please update us with the decision you made in reality and the consequences of the same, which are vital for all HR members.

Regards,
Shiv

If anybody requests or insists on issuing an experience certificate or relieving letter, we may issue the same to them.

Normally, we write:

This is to certify that Mr. [Employee's Name] has worked with this organization from [start date] to [end date]. He has left the services of this organization on his own accord, and he has been relieved of his duties. His last assignment at the time of leaving this company was [Designation].

You may also mention a brief of his duties.

During his association with us, we found him to be [positive attribute].

We wish him all success in his future endeavors.

Head of HR

However, since the employee is terminated due to poor performance, you may only write:

This is to certify that Mr. [Employee's Name] has worked with this organization from [start date] to [end date]. He has been relieved of his duties. His last assignment at the time of leaving this company was [Designation].

We wish him all success in his future endeavors.

However, it is always advisable to persuade or convince people to resign and then handle the exit as if it were a routine resignation.

Termination is advisable once a proper inquiry is conducted, allegations are proved, and proper opportunity is given to the delinquent employee.

Hi,

You can go ahead and provide him with the experience letter and the relieving letter. Just to be on the safer side, ask the person for the resignation letter and keep it in the employee file, in case any file audits happen in the future.

Thanks,
Prax

Dear Ambersaleem,

It is a must to mention for what purpose you are relieving the person from his chair. However, it's not good when you decide because of the performance.

Regds,

M.S.R.M

Hi all,

As per my understanding:

1. A relieving letter means that the person is relieved from their current organization and can join any other company. A relieving letter generally includes details like name, designation, duration, etc., as mentioned by Mr. Malik.

2. An experience letter is a more technical and detailed letter. It reflects on the areas the person worked, responsibilities taken, etc.

The person terminated, as in your case, can be issued a relieving letter and an experience letter.

Regards,
Sheetal

Dear Ambersaleem,

According to me, if the employee has been terminated on performance grounds, there is no need to mention that in any of the letters issued to him. Poor performance can be on many accounts, some of which include no proper induction in the project, skills mismatch, etc. - things for which the employee cannot be blamed. In this case, mentioning the term "termination" is not going to help the company nor the employee. In the interest of the employee, you could have a feedback session with him and appraise him of why the decision was taken and the improvement areas he needs to focus on.

But if termination was on account of disciplinary reasons like some fraudulent activities, this can be mentioned in the termination letter. This will ensure that the companies where he tries to get a job do a thorough check.

Regards,
Gauri

The HR person who has posted this needs to do a reality check.

He did not openly state on what basis the termination was done, particularly in terms of performance.

The person is pleased with the feedback from the members, which has made his job easier.

The member has not fully disclosed the events that led to the termination.

We have only received one side of the information.

That's true, Sardar Ji.

Whereas, it takes about 10 pages to write the entire story. The performance evaluation strategy is confidential, and few procedures can't be disclosed.

Regards, Shiv

That's right, it is not required to reveal the secrets of Performance Evaluation.

I am asking him only to answer the queries that I have raised in this regard.

Hi,

I need information regarding ESI and its implementation in the industry. Please provide the necessary information and help me in this regard. I am eagerly awaiting your positive reply! ASAP!

Thanks!!!

Dear Ambersaleem,

Stating a termination clause in a relieving letter gives a bad impression not only to the employee but also to the employer, so it is advisable to play it safe in the market.

Regards,
Jawahar

Dear Friends,

I agree with the above-mentioned points that an HR can issue a relieving letter without explicitly mentioning termination. This is only feasible when the terminated employee is willing to depart from the organization. If the individual does not accept the same, apart from maintaining a record, you must send the termination notice to their home via registered mail. This action will ensure you are on the safer side.

Regards,
Ravi

Hi,

Why should the word "termination" be used on the grounds of non-performance? It is advisable to ask the employee to submit his resignation and then relieve him accordingly. The use of the word "termination" in the relieving letter may adversely affect one's career, which is something to bear in mind.

Thanks,
Sunil

Dear Sunil,

Actually, the post is all about a relieving letter. There is nothing to do with the company here.

Regards,
Shiv

Dear All,

I must appreciate the advice of Mr. Malik for not damaging the future employment prospects of a terminated employee by avoiding stating the reasons for terminating his services. Generally, as a principle, a good organization avoids such adverse remarks because it is not gentlemanly and does not reflect a civilized approach towards others' dignity. We must respect the individual and their family commitments. Everyone makes mistakes for which they may be terminated, but they should not be punished twice for one offense - the first punishment being termination and the second punishment being having it written on their relieving letter as terminated for cause.

Please be good and remain gentlemanly.

Partho

Dear All,

The issue is whether to provide the employee with a relieving letter for reference purposes or a relieving letter addressing a specific concern that led to the employee's termination from the organization.

I believe that all organizations have their own personnel policies. If the policies do not clearly state what action to take, I suggest using your discretion. However, if you are uncertain about whether to strictly adhere to the policy, especially if you feel that the employee did not make significant contributions or participate effectively during their tenure, it may be wise to highlight only the positive aspects of the employee's time with the organization. I am of the opinion that every individual who has worked for an organization has made some positive impact on its development.

How should you articulate this? What should the letter format be? I recommend emphasizing the positive attributes of the employee as a reference. By doing so, you may contribute to alleviating poverty in the community to which the employee belongs, even if only by a small percentage.

Thank you.
Sinasina

Dear Saleem,

It may not be good to mention that he has been terminated. Instead, he can be given an experience letter stating the period of service to allow him to work elsewhere, rather than mentioning "TERMINATED," which gives a very bad impression and makes it difficult for him to apply/get appointed elsewhere. Somehow, he was punished by being sent out of the organization. It is more than enough.

P.V. Reddy

Firstly, has your organization asked him to resign or given him a termination letter on the grounds of non-performance? If it’s the latter case, then a relieving letter doesn’t make sense. Here, you can give him an Experience Certificate only, which will also help him in the future. Whereas in the former case, if there is a resignation from the employee, you can give him the relieving letter. In such a case, you can also merge the acceptance of resignation and relieving by saying "Your resignation dated ... is accepted, and you are relieved effective from ....". Also, an Experience Certificate can be given. This will help him in his future assignments, and the goodwill of the company remains.

Regards,
Natasha

First of all, let us understand that any employee leaving (for any reason) a company/organization would need to seek employment with another company/organization. Naturally, the new company/organization will ask for all necessary documents of the previous company/organization from the new employee, as I am sure you would do.

In that case, it is our responsibility to give all necessary documents (including a relieving letter) to an outgoing employee so that the employee can seek employment in some other company/organization. For whatever reasons (other than disciplinary issues or absconding) the employee is being terminated, I am sure he/she will find employment somewhere else where his/her skills and capabilities will be put to best use. In such a situation, our one letter should not be detrimental to the employee's career.

If it is a termination, we as HR should try to make it as mild as possible in the letter. As somebody else mentioned, it is not necessary to mention termination. "XYZ" has been relieved from "Design" from so and so date...

Hope you understand.

If a company terminates someone for their poor performance, will they receive three months' salary? What is the policy regarding this, and how is it evaluated?

If the employee has not been terminated due to any misconduct, the company should maintain a positive and formal tone in every letter, whether it is an experience or relieving letter. Keep the same format you normally use for a regular employee. If you need a good relieving letter format, you can find numerous samples on the internet. On the other hand, if the employee has been terminated for serious reasons, it is advisable not to issue the letters.

I hope this answer helps you to be empathetic and draft appropriate letters for the terminated employee.

If the employee insists on a relieving letter, you can issue it as follows:

Experience or Service Letter Clause

An experience or service letter can include a clause where the reason for relief is stated. Against this clause, the employer can mention "poor performance" or "unsatisfactory performance."

Regards, Senthilkumar