TERMINATION OF EMPLOYMENT LETTER
[ON LETTERHEAD OF THE EMPLOYER]
Company name
Company address
Company city – Company pincode
CIN: Cin | GSTIN: Gstin
Date: Date of letter
Place: Place of issue
To,
Employee name
Employee address
Company city – Employee pincode
Employee ID: Employee ID
Designation: Employee designation
Department: Employee department
Date of Joining: Date of joining
Subject: Termination of Employment – Employee name (Employee ID: Employee ID)
Dear Employee name / Mr./Ms. Employee last name,
1.This letter is issued with reference to your Letter of Appointment dated Date of appointment letter (the "Appointment Letter") and the employment agreement executed between you and Company name (the "Company"), and confirms the termination of your employment with the Company.
2.Reason for Termination
(a)The termination is effected on the following ground (select/strike out as applicable):
(i)Termination for cause: Your employment is hereby terminated for cause with effect from Effective date of termination, on account of Reason for termination (for cause), being an act(s) of misconduct falling within Clause Misconduct clause number in agreement of the employment agreement / the Company's standing orders / service rules, and in accordance with the principles of natural justice, having regard to the inquiry held on Date of disciplinary inquiry and the findings communicated to you vide notice dated Date of show-cause or findings notice.
(ii)Termination for convenience/by notice: Your employment is hereby terminated by the Company by issuing Notice period in months months' notice in accordance with Clause Notice clause number of the Appointment Letter / employment agreement, with effect from Effective date of termination.
(iii)Termination on payment of salary in lieu of notice: In lieu of the notice period of Notice period in months months prescribed under the Appointment Letter / employment agreement, the Company shall pay you salary and allowances for the notice period computed at the rate of ₹Monthly salary for notice pay per month, being your last drawn monthly salary.
3.Last Working Day. Your last working day with the Company shall be Last working day, unless otherwise modified under Clause 2 above.
4.Payment of Dues. You shall be paid the following dues in accordance with applicable law and the Company's policy:
•Salary and allowances for the period up to your last working day, payable on or before Salary settlement date;
•Encashment of unavailed earned leave as per applicable law and the Company's policy, at your last drawn salary;
•Reimbursement of approved expenses upon submission of supporting documents on or before Expense submission deadline;
•Applicable statutory dues, including any gratuity payable under the Payment of Gratuity Act, 1972, if you have completed not less than five years of continuous service, and amounts under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, credited to your account in the ordinary course;
•Amounts payable under the Code on Wages, 2019 / the Industrial Relations Code, 2020, as applicable, on or before the second working day from the date of termination, to the extent applicable.
5.Full and Final Settlement. The Company shall process your full and final settlement within Days for full and final settlement days of your last working day / of the date of this letter, as applicable, and the net amount payable shall be credited to your bank account Bank account number maintained with Bank name, Bank branch.
6.Return of Company Property. You are required to return, on or before Company property return date, all Company property, including laptop, mobile phone, access cards, identity cards, documents, data, and any other assets or records, in your possession or control, and to remove all Company data and confidential information from your personal devices. The Company reserves its rights to recover the cost of any property not returned.
7.Handover. You shall complete a proper handover of all pending work, files, records, credentials and responsibilities to Handover recipient name, Handover recipient designation, or to such other person as the Company may direct, on or before Last working day.
8.Continuing Obligations. The provisions of the employment agreement relating to confidentiality, non-solicitation, non-compete (to the extent enforceable under Indian law), intellectual property assignment, and notice obligations shall survive the termination of your employment and remain binding upon you.
9.Certificates and Documents. Upon completion of the formalities above, the Company shall issue:
•A relieving letter in accordance with its policy;
•A service certificate stating the period of your employment and your last drawn designation;
•Form 16 for the relevant financial year under the Income-tax Act, 1961, in the ordinary course; and
•Any other documents required under applicable law.
10.No Other Payments. Save as expressly stated in this letter, you shall not be entitled to any further payment, compensation, benefits, or claims arising out of or in connection with your employment or its termination.
11.Reservations. Nothing in this letter shall be construed as a waiver of any rights, remedies or claims available to the Company under law or under the employment agreement, all of which are expressly reserved. The provisions of the Specific Relief Act, 1963 and the Indian Contract Act, 1872 shall govern, to the extent applicable, the rights and obligations arising hereunder.
12.This letter is issued in Number of copies copies, one of which is required to be signed and returned by you as a token of acknowledgement and acceptance of the terms herein.
We thank you for your services during your tenure with the Company and wish you the best in your future endeavours.
For Company name
Authorised signatory name
Authorised signatory designation
Signature:
Date: Date of signature
ACKNOWLEDGEMENT
I, Employee name, acknowledge receipt of this letter and the termination of my employment on the terms stated herein, without prejudice to my rights, if any, under law.
Employee's Signature:
Name: Employee name
Date: Employee acknowledgement date
Place: Employee acknowledgement place
Enclosures:
•Copy of Letter of Appointment dated Date of appointment letter
•Copy of final dues computation statement / annexure
•Additional enclosure
Employee name: EMPLOYEE
Company name: EMPLOYER