No relieving letter upon termination without reason
Arjun Mehra
(Querist) 15 July 2016
This query is : Resolved
Dear All,
I was senior professional working with private company before i was terminated from my permanent services by giving in lieu 3 month of notice pay. Reason for termination is not provided in termination letter only clause reference was given under which termination was executed. I was terminated by applying clause B.
As per appointment letter there are 2 clauses with reference to exit i.e Clause A & Clause B.
Under Clause A employment can be terminated by the company, without any notice or payment of any kind of lieu of notice in the following reasons like furnishing incorrect information, suppression of material information, dishonesty, disobedience, insubordination, incivility, intemperance, irregularity, misconduct on duty, adjudged insolvent, cheat, Fraud etc.
Whereas Under Clause B subject to the right of the company to terminate this employment in accordance with clause A, it may be terminated either by the company or yourself by giving 3 month notice to each other.
I was terminated using clause B and my settlement was done with payment of 3 month of notice, leave encashment, PF and gratuity etc. but I am not issued any relieving letter which is issued to all other employees.
Below I am quoting the exact wording used in the letter issued to me. There is no header given to letter such as termination letter or something.
"In Accordance with clause B of your appointment letter, the company has decided to terminate your services with immediate effect by payment to you in lieu of stipulated 3 months' notice. However, you may receive your dues, if any, from our accounts department on any working day during the working hours after completing due formalities."
Generally, Clause A is used whenever any termination letter is issued by specifying the exact reason for taking action against the employee with reference to their termination of service whereas in my case no reason was provided except the use of clause mentioned in the letter.
My F&F mention DOJ, DOR & LWD and I am paid all the benefits which is offered to any other employee and nothing was witheld except the relieving letter.
I need to know does my company has the right not to issue me relieving letter post issuing the above letter since I am terminated under clause B. I has requested them to issue me the letter but same is gone in vain. Also suggest possible action i can initiate to get the relieving letter.
Sincerely,
Arjun Mehra
Kumar Doab
(Expert) 15 July 2016
The Clause B as per extract posted by you seems to be linked with Clause A.
It may or it may not be Termination Simnplicitor.
You have not posted if any stinkers/memo etc was issued to you before termination.
Relieving letter signifies that employee has separated and nothing is pending against the employee.
The company might have inserted the comments that lead to termination in its internal record/your personnel file.
It may bother you in future say during BGV etc.
You can make a request to issue Service Certificate to you.
You can also request to allow you to examine personnel file maintained by the HR/company.
The termination order can be contested, if no opportunity of Natural Justice has been provided.
You may first determine and decide what action you want to take.
Accordingly you may approach a very able counsel specializing in labor/service matters.
Arjun Mehra
(Querist) 15 July 2016
Dear Kumar,
Thanks for the reply. Both clauses are mentioned separately in the appointment letter.
There was no memo/warning issued. There was discussion took place with regards to certain issue post which this was the outcome handed to me. This all happened in the span of 3 hours.
I was couriered the letter since i refused to accept the same.
Regards,
Arjun Mehra
Kumar Doab
(Expert) 15 July 2016
As already posted that: The termination order can be contested, if no opportunity of Natural Justice has been provided.
You may first determine and decide what action you want to take.
Accordingly you may approach a very able counsel specializing in labor/service matters.
Rajendra K Goyal
(Expert) 16 July 2016
Discuss with local lawyer dealing in service matters and show him all related documents.
Rajendra K Goyal
(Expert) 16 July 2016
Discuss with local lawyer dealing in service matters and show him all related documents.
