Letter of Termination of Employment - Template Form Pro · IN-law

From:

________
________
________
(Registered Office: ________)
CIN: ________

To:

________
________
Employee Code: ________
________
Email: ________

Date: ________
Place: ________

SUBJECT: Letter of Termination of Employment

Dear ________,

§ 1. Termination of Employment. This letter is issued by ________ (hereinafter referred to as the "Company") to formally notify you that your employment with the Company, governed by the appointment letter / contract of employment dated ________ (the "Employment Agreement"), shall stand terminated with effect from the close of business on ________ (the "Date of Termination"), in accordance with the terms of the Employment Agreement and applicable law.

§ 2. Notice / Notice Pay. In accordance with the Employment Agreement and the applicable provisions of the Industrial Employment (Standing Orders) Act, 1946 and the applicable State Shops and Establishments legislation, the Company hereby gives you notice of ________ with effect from ________. Where the Company elects to waive all or part of the notice period, you shall be paid salary in lieu of notice for the unexpired portion thereof, namely ________, in full satisfaction of the Company's notice obligations.

§ 3. Antecedent Proceedings. On ________, you met with ________, in the course of which you were advised as follows: ________. A formal warning letter was thereafter issued to you on ________, and you were afforded a reasonable opportunity to be heard and to improve your performance and/or conduct.

§ 4. Grounds for Termination. Notwithstanding the foregoing, the Company considers your performance and/or conduct to remain unsatisfactory, and has, after due application of mind and observance of the principles of natural justice, decided to terminate your employment for the following reason(s):

________

§ 5. Confirmation of Tenure. The Company confirms that you were employed with the Company from ________ until ________, and that your designation at the time of cessation of employment was ________.

§ 6. Handover of Charge. You are required, on or before the Date of Termination, to hand over complete and orderly charge of all work, documents, records, files, data and Company property in your possession or control to ________, holding the designation of ________. You shall further surrender, without retention of copies, all access cards, keys, equipment, laptops, mobile devices, login credentials and other assets belonging to the Company.

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§ 8. Full and Final Settlement. Your full and final settlement, comprising salary and statutory dues payable up to the Date of Termination, accrued leave encashment, and all amounts lawfully due to you (less any sums lawfully recoverable by the Company), shall be computed and disbursed in accordance with applicable law. The settlement shall include, to the extent applicable, gratuity payable under the Payment of Gratuity Act, 1972, dues under the Payment of Wages Act, 1936, and benefits under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The net amount payable / recoverable is ________, which shall be settled on or before ________.

§ 9. Statutory Documents. The Company shall issue to you the relieving letter, experience certificate, Form 16, and details for transfer/withdrawal of your provident fund and other statutory benefits, in accordance with applicable law and within the prescribed timelines.

§ 10. Governing Law and Jurisdiction. This letter and all matters arising out of or in connection with your employment and its termination shall be governed by and construed in accordance with the laws of India. Subject to the applicable labour and industrial dispute resolution mechanisms, the courts and tribunals at ________ shall have jurisdiction.

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Kindly acknowledge receipt of this letter by signing in the space provided below.

Yours faithfully,
For and on behalf of ________

________
________

Acknowledgement of Receipt

I, ________, hereby acknowledge receipt of the original of this Letter of Termination.

Signature: ________
Date: ________