Manager want to issue a relieving letter with the reason of his resignation i.e He's medically unfit to work

Dear Seniors,

One of our employees has submitted his resignation citing medical reasons and stress. Although we have offered him different options such as a change in team, a change in project, a one-month leave, and even a six-month break in service to retain him with possible solutions, he remains firm in his decision and states that he will not seek employment elsewhere.

After several discussions, we are still not convinced by his reasons. However, we are prepared to accept his resignation. Nevertheless, my manager wishes to issue a relieving letter stating the reason for his resignation as being medically unfit to work (not using those exact words).

Please provide your opinion on this matter and share any relevant samples if available.

Thank you.

Dear Ms. Divya,

The reasons for resigning may be any - even for better prospects, but why indicate stress, etc., in the relieving letter? Firstly, it will reflect poorly on the employee that he could not cope with work pressure. Secondly, it will indicate that your work environment generates so much stress that employees cannot handle.

Best Wishes

Divya,

I do not think there is a need to mention a medical reason in the Relieving Letter unless it is a cause for termination based on physical health. The individual may have found a better job, which could be the case for anyone in his position. Perhaps he is an introvert and finds it challenging to communicate the real reason to his manager or the HR team.

Unless an employee is terminated for a specific cause, it would not be professional to state a reason in the Relieving Letter. Simply state that the employee resigned for personal reasons, and express your well wishes for his future endeavors.

You can have him complete the Exit Interview Form before leaving to protect yourself from potential future legal issues or defamatory comments.

Best wishes!

That's unethical and unprofessional. He can challenge it in a court of law, since recently the Supreme Court had given a judgment stating that when an employee resigns, the reason for leaving must be mentioned as resignation and no personal remarks can be included. I do not remember the case number and the parties involved in the case, but I recall the content of the judgment.

He has resigned. You have not terminated him. So, just mention that the reason for relieving him is resignation and be done with it.

Subject: Regarding HR Responsibilities

Ms. Divya,

We sometimes hear that immediate superiors want HR to act beyond their roles, taking actions that could make them personally liable. I know of 3-4 gentlemen who are currently serving imprisonment, with one individual undergoing a life sentence. If you inquire, senior mentors around you can provide more information on these cases. My suggestion for the reason you can state is - Resignation. Remember, you are not a qualified Medical Officer; focus on your HR responsibilities. You cannot protect yourself in civil or criminal proceedings if you issue a relieving letter to someone as medically unfit without proper cause. You can dismiss an employee only after they have been examined by the Chief Medical Officer (CMO), and if the examination deems the employee medically unfit. However, never terminate without a medical examination. Even many doctors avoid providing such reports to escape their duties. Obtaining such reports is a complex process involving a team panel and validation of various reports, which should only be signed by a Medical Officer assigned for that purpose. There will be significant consequences; a person may file a civil suit for defamation if we, as HR, independently state such matters.

The second crucial point to understand is about maintaining a professional balance between expected behaviors and natural support, coupled with sincere efforts for the well-being of individuals.

Regards,

RDS Yadav