Termination Letter (misconduct) Doc Download

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

Hi,

Is he a workman under the ID Act? What is his designation?

Why do you want to terminate him? If you can obtain a resignation letter from him, it is the best option.

Siva

Hi Anubita,

Please find enclosed the format. You can change it accordingly. In my opinion, to avoid further problems, it would be better to compel him to resign.

Regards,
Vaibhav

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

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!

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

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

Subject: Termination Letter Document Attached

Hi,

Please find attached the termination letter document for your review. I hope this helps you.

Best Regards,
Farid

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

Hi Rekha Prabhakaran,

Your template for a termination letter is simple, and there are no complications in that.

Hi,

I would like to bring my problem to the forum for good suggestions.

We are contractors and recently we have taken an outsourcing contract in a government industry. We are the first contractors to enter this industry as outsourcing contractors.

Presently, there are some existing unions, and initially, they gave us a lot of pressure to hire people whom they recommended. They also offered us some payment for each candidate. However, we refused to accept because we didn't want to spoil our reputation. We have been in this field since 1996, and our practice is to hire any employee on a contract basis with a two-year bond. Similarly, we have built our new team based on the qualifications and experience mentioned by the client in the order. We never promised or informed our team where we would place them. Before hiring them, we informed them that they would have to work anywhere in India at our client's location, and there would be transfers as per our requirement.

Everyone accepted and joined. For almost five months, things have been going smoothly. We are paying them as promised and are also following all statutory compliance like PF and ESI.

Now, the problem is that the existing unions are diverting our team to their unions and trying to create problems for us.

Kindly suggest to me how to handle this situation.

Regards,

KK