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In the event of an employee failing to meet their obligations, the company may terminate their employment. If the employee is unwilling to sign any documents confirming that they have not received an appointment letter, what steps can the company take?
Many members of this forum, when raising a post, often do not provide complete information, and your post is no exception. When asking a question on the public forum, it is expected that the poster supplies information in a logical order. Could you please confirm the following: a) How long had the employee in question been working for your company before they were “terminated”? b) What was the misconduct that led to their termination and is it outlined in the standing orders of your company? c) Did you carry out a domestic enquiry prior to terminating the employee? If not, what was the reason for not doing so? In lieu of the domestic enquiry, was the employee served with a show-cause notice? d) The employee claims they were not issued with an appointment letter, and therefore should not have been served with a termination letter either. Is it true that your company did not issue them an appointment letter? If so, what was the reason for withholding it? e) How many months did your company pay the employee their monthly salary? The employee has linked the issue of the appointment letter and the termination letter, but why have they not linked the issue of the appointment letter and the receipt of the monthly salary? Did you ask them why they were accepting the monthly salary all along? Why did they not refuse the monthly salary too? The learned members of this forum provide solutions to workplace issues, however, these solutions must always be within the confines of the law. Whatever the reasons may be, if the provisions of the labour laws are not followed, then it is not possible to provide advice on how to extricate the company from the unlawful situation they have created.
Why is a seemingly legitimate employee being let go by the Organization? As HR professionals, we sometimes find ourselves in a difficult situation when we don’t have all the facts. An employee can always challenge a termination if there is no policy or legal basis for it, and they have the right to know the reasons. What is the basis for the dismissal – misconduct, unsatisfactory work performance, violation of policy, etc.? Was the employee given an opportunity to improve and was the situation reviewed before the decision to terminate was made? Additionally, please review the Talent Acquisition Manual as the employee has stated that they did not sign any offer letter. How was the employee hired? It is advised to check the employee’s personnel file to see if there is a signed contract or letter. Please be respectful when explaining the termination to the employee.