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Human Resources/No Relieving Letter Upon Termination Without Reason


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.

Arjun Mehra

Dear Arjun
I am slightly confused by your situation. The way the clause B reads, it seems to be like any other company's clause on separation where either the company or employee can request for separation by resigning & giving 3 months notice or notice pay in lieu of the notice period.

Yet the way the clause is worded, it has used the word "termination". That is what causes the confusion. Most good organizations, if they are separating with the employee on any ground other than integrity lapses (as given in clause A), would get the employee to submit a resignation letter and then give a relieving letter at the end of the notice period or with the stipulated notice pay.

On the face of it, this is what the company seems to have done - separated with you on grounds other than integrity lapse and therefore given a notice pay in lieu of the notice period. Also since the letter mentions "with immediate effect" and if the letter has a date, then the date of relieving is implied. Yet they have chosen to use the word of termination as per their clause.

So, my submission is - please speak with the appropriate authority there (HR head or CEO) and request that they give you a relieving letter that  does not mention any termination. This will help you in your future career. The reason I am saying request is because technically they are correct in the wording as per the clause. And since it mentions "with immediate effect" and if the date is mentioned on that letter, then the relieving date is also there. So, they need not issue another relieving letter. Yet this wording in a letter may get misinterpreted by a future employer. So, if you can get them to give a modified letter using your personal relationships, it will be good.

Hope this helps. Do revert if you want me to clarify any aspect. Will be happy to do so. All the best.



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Pankaj Bhargava


Questions related to choice of career, inter-personal issues at the workplace, performance management issues, structure issues, compensation structuring issues, culture building issues, linking HR with org. strategy


22 years in HR and Org. Development, designing & facilitating interventions, leading an HR team of an Indian multinational & facilitating multiple organizations across industries to build the desired culture to serve business need

HR magazine of TISS (an HR institute of repute - Tata Institute of Social Sciences)

B. Tech (Chemical Engineering) from IIT Mumbai (one of the most reputed engineering school in India) and PGDM (MBA) from IIM Kolkata (one of the most reputed management institutes in India).

Awards and Honors
Was awarded the Gold Medal for excellence in HR by the Bengal Chamber of Commerce at IIM

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