I am working as an HR Administrator in an IT company. Recently, we had to terminate two employees because their performance was not meeting expectations, and they failed to adhere to company policies. Neither of the employees had completed their probation period. They are requesting a letter, such as a relieving letter, from the company. Could anyone please provide guidance on what should be included in such a letter? I do not intend to craft an overly positive relieving letter as their termination was necessary due to the reasons mentioned above. Your assistance in this matter is greatly appreciated.
From India, Mumbai
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From India, Mumbai
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If you are looking for a sample relieving letter, please use the search tab provided on this page. If you are looking for a specific letter for termination, I would suggest not mentioning the termination in their experience or relieving letter, as it may not reflect well on their career history. Some companies do issue such reasons upon exiting. If you have the provision not to mention it, that would be appreciated, even if the employees have not completed their probation period.
You mentioned that they did not follow the company policy. This does not clarify the specific reason. Below are some reasons where the company may choose not to provide the actual reason for discharge or termination:
- Falsifying or withholding information on your employment application that did or would have affected the company’s decision to hire you (this conduct will result in immediate termination).
- Insubordination.
- Refusing to work reasonable overtime, at times for project deliverables, etc.
- Negligence in the performance of duties likely to cause or actually causing personal injury or property damage, etc.
- Fighting, arguing, or attempting to injure another.
- Destroying or willfully damaging the personal property of another, including the company’s property.
- Breach of confidentiality.
- Using or appearing to use for personal gain any information obtained on the job.
- Using company property or services for personal gain or taking, removing, or disposing of the company's material, supplies, or equipment without proper authority.
- Gambling in any form on company property.
- Dishonesty & Theft.
- The possession, use, sale, or being under the influence of drugs or other controlled substances during working hours or on the company’s premises.
- Carrying or possessing firearms or weapons on company property.
- Unauthorized absence from work without proper notice and engaging in discriminatory or abusive behavior, including sexual harassment.
Regards
From India, Bangalore
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482You mentioned that they did not follow the company policy. This does not clarify the specific reason. Below are some reasons where the company may choose not to provide the actual reason for discharge or termination:
- Falsifying or withholding information on your employment application that did or would have affected the company’s decision to hire you (this conduct will result in immediate termination).
- Insubordination.
- Refusing to work reasonable overtime, at times for project deliverables, etc.
- Negligence in the performance of duties likely to cause or actually causing personal injury or property damage, etc.
- Fighting, arguing, or attempting to injure another.
- Destroying or willfully damaging the personal property of another, including the company’s property.
- Breach of confidentiality.
- Using or appearing to use for personal gain any information obtained on the job.
- Using company property or services for personal gain or taking, removing, or disposing of the company's material, supplies, or equipment without proper authority.
- Gambling in any form on company property.
- Dishonesty & Theft.
- The possession, use, sale, or being under the influence of drugs or other controlled substances during working hours or on the company’s premises.
- Carrying or possessing firearms or weapons on company property.
- Unauthorized absence from work without proper notice and engaging in discriminatory or abusive behavior, including sexual harassment.
Regards
From India, Bangalore
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Mentioning such thing in relieving letter is not suggested Regards
From India, Mumbai
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From India, Mumbai
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As you understand, within the 6-month probation period, it is not really possible to achieve the goal in such a short time. Half of the duration is spent understanding the company culture or processes. Therefore, termination of the employee in such cases is a mutual understanding from both sides. I believe that in cases of termination, we should take a resignation letter from the concerned employee and clear their dues instead of issuing a termination letter to avoid any legal controversy in the future.
If you have also handled it in the same way, then there should be no problem issuing the experience certificate or relieving letter for the employee's better future, especially if they have not committed any serious misconduct or crime.
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From India, Mumbai
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If you have also handled it in the same way, then there should be no problem issuing the experience certificate or relieving letter for the employee's better future, especially if they have not committed any serious misconduct or crime.
Regards
From India, Mumbai
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If the services are not found satisfactory during the probationary period, you have two options:
1. Either you can extend his probationary period for another three months.
2. If, despite this, his performance is found unsatisfactory, you can terminate his service by serving a letter stating the reasons.
Before this, please ensure that such a clause is mentioned in his appointment order. If yes, you can issue a termination letter. If not, you can ask him to resign and relieve him at the earliest as the probationary period does not require any notice period from either side.
Hope it is clear.
Regards,
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Retired Labour Laws Consultant
From India, Bidar
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1. Either you can extend his probationary period for another three months.
2. If, despite this, his performance is found unsatisfactory, you can terminate his service by serving a letter stating the reasons.
Before this, please ensure that such a clause is mentioned in his appointment order. If yes, you can issue a termination letter. If not, you can ask him to resign and relieve him at the earliest as the probationary period does not require any notice period from either side.
Hope it is clear.
Regards,
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Retired Labour Laws Consultant
From India, Bidar
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