Disciplinary DISMISSAL letter
When a serious event occurs labor indiscipline Sometimes it is necessary to let the employee go, sometimes to avoid more complex legal disputes and sometimes because incompetence is something that cannot be forgiven in that type of work. Sometimes there is a voluntary resignation of the employee, but not in others, if your case is the second, here we will present some points to elaborate a Disciplinary dismissal letter, Well, you have to do it the right way so that it is not more complicated for you.
Examples of disciplinary dismissal letters
Model 1: Disciplinary dismissal with witnesses
(Issuance City), (Issuance Date)
Mr.-
(Employee's name)
Present.-
Notice of Disciplinary Dismissal
The purpose of this is to inform the citizen, _______________ (Employee's name), holder of the identity document, _______________(ID number), older, civilly skilled, and of __________ status (Single married divorced) who provides professional services for our organization in the capacity of ________________________ (Employee / Consultant) from the __/__/___ (Date of admission) until Holding the position of ________________________, attached to the dependency ______________________ (Address), specifically in the area of ___________________. That motivated the events that occurred on date __/__/____ (Date the worker committed the offense), where you __________________________________________________ (Describe the event as explicitly as possible), a situation that is a serious breach of the obligations imposed by the employment relationship, since it violates or infringes the work carried out with the organization, in its clause (mention the clause that violates), which immediately affects their employment relationship based on articles _____ and ____ (mention legal articles of the labor jurisdiction of the country) of Law __________________________________________, which read _____________ and ___________________ (copy the article), respectively. These facts have as visual and verbal witnesses the citizens:
1.- ____________________________ (Witness Name), Holder of identity document _____________________ (ID number); who holds the position of __________________________ (name of the position held)
2.- ____________________________ (Witness Name), Holder of identity document _____________________ (ID number); who holds the position of __________________________ (name of the position held)
Who declare that the facts described above are true.
Due to the aforementioned, you are dismissed from the organization as of this date with sufficient probative reason, in condition of disciplinary dismissal, which puts an end to the labor relationship, without the right to payment of compensation other than labor liabilities caused to date.
Please go through the Human Resources department in order to receive the settlement or liquidation corresponding to your employment relationship.
(Name of the person issuing the recommendation)
(Post)
(Signature)
(Name and Seal of the Company)
(Company address)
Witnesses:
1.__________________________(Name and Signature)
2.__________________________(Name and Signature)
Model 2: Disciplinary dismissal without witnesses
(Issuance City), (Issuance Date)
Mr.-
(Employee's name)
Present.-
Notice of Disciplinary Dismissal
The purpose of this is to inform the citizen, _______________ (Employee's name), holder of the identity document, _______________(ID number), older, civilly skilled, and of __________ status (Single married divorced) who provides professional services for our organization as ________________________ (Employee / Consultant) from the __/__/___ (Date of admission) until Holding the position of ________________________, attached to the dependency ______________________ (Address), specifically in the area of ___________________. That motivated the events that occurred on date __/__/____ (Date the worker committed the offense), where you __________________________________________________ (Describe the event as explicitly as possible), a situation that is a serious breach of the obligations imposed by the employment relationship, since it violates or infringes the work carried out with the organization, in its clause (mention the clause that violates), which immediately affects their employment relationship based on articles _____ and ____ (mention legal articles of the labor jurisdiction of the country) of Law __________________________________________, which read _____________ and ___________________ (copy the article), respectively. These facts were validated through ______________________________________________________________________________________________________________________ (Describe how the facts were validated / Tools used)
Due to the aforementioned, and this being validated as sufficient proof for the organization, you are disincorporated from the organization as of this date with sufficient probative reason, in condition of disciplinary dismissal, which puts an end to the labor relationship, without the right to payment of compensation other than labor liabilities caused to date.
Please go through the Human Resources department in order to receive the settlement or liquidation corresponding to your employment relationship.
(Name of the person issuing the recommendation)
(Post)
(Signature)
(Name and Seal of the Company)
(Company address)
Model 3: Letter of dismissal with reasons for misconduct
(Insert air date and city)
(Company name)
(Department name)
Subject: Letter of disciplinary dismissal
Citizen (a): (Name and surname)
Through this letter we write to you in order to inform you that the company's senior management has decided to terminate the employment relationship with you for disciplinary reasons. The reasons behind this decision are set out below:
- Insubordination to your superiors: At the time of signing your contract, you promised to follow the orders of a superior. However, complaints have been received from his superiors, of his lack of subjection to his authority.
- Unexcused absences: We have been aware that for approximately two months you have been absent unjustifiably from your work schedule, and despite receiving reprimands, your behavior has not changed.
- Aggression to colleagues: Several complaints have been received from your colleagues of various physical attacks by you, acts that we reject and consider inexcusable.
The facts that have been described above constitute a serious breach of your contract and the general values of the company. For these reasons, we regret to inform you that a disciplinary dismissal will be applied to you that will be executed within four weeks from the issuance of this document. On that date, your documentation and settlement will be ready.
The following people have testified that the acts described above are completely true when they lived it before their eyes.
Signature Witness 1:
Signature Witness 2:
With nothing more to refer to, he bids farewell to you.
(Name and surname)
(Position or department)
Tips for writing a disciplinary dismissal letter
Here are some tips to make writing this letter effective for both parties.
Verify the act committed
You must make sure that the indiscipline occurred as you were told in case you were not present and that the employee has been informed of the consequences of his behavior by his colleagues or supervisor. Look for trusted people who offer a credible testimonial.
conduct contract
In the worker's contract or in the company's conduct manual, the rules to be followed by each of the employees must be stipulated, this must be the basis from where you start to justify the reason for the dismissal due to a violation in this contract.
Chronology of events
You have to establish a chronology of the events in the letter as they occurred. You must mention the date, time and place, you must also identify the people who were present when the indiscipline was committed and finally declare the violation committed, the reprehensible act carried out by the worker.
Impact
It should be clear the negative impact that indiscipline had, the way in which it affects your business, how it damages the image of your company, how it affects productivity and if you ended up losing any clients because of this.
Look up past worker information
Find out about similar events, other indiscipline in which this worker has participated that can serve as a basis for formulating the letter with a history of previous situations. Look through the personnel file and read any performance reviews, attendance records, or disciplinary warnings.
Measures
Make it clear that the measure is because you had no other option due to what happened, you must also specify the rights that the worker has in case he wishes to appeal, mentioning the relevant organizations is enough. If you are entitled to any remuneration by employment contract, you must mention it.
Lean on the right departments
Visit the human resources representative of your company to seek legal advice and help you in the writing so that everything is stipulated as it should be with concise content and to ensure that with the letter you do not infringe the rights of the worker, violate federal laws or the state on this issue.
final tips
Meet with the employee in question in private and present him with the termination letter, do not talk to him much, just tell him that if he has questions at the end of reading the letter, he can ask them or visit the appropriate bodies. you can even motivate the employee so that he does not repeat the conduct that caused the dismissal.
Without further ado, I hope that the situation is resolved without problems and that you can emerge victorious from this bad experience. If you have something to add you can do it through a comment below.
Si quieres conocer otros artículos parecidos a "Disciplinary DISMISSAL letter" puedes visitar la categoría de cartas DISMISSAL.
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