Co-founders, team & legal

How do I let an employee go legally and fairly in India?

Start with the reason, because the law treats each differently. For poor performance, give written feedback and a real chance to improve first; for misconduct, hold a proper inquiry and document it. Then follow the notice in the appointment letter and your state's Shops and Establishments Act. Under the Labour Codes in force since 21 November 2025, everything owed (salary to the last day, leave encashment, reimbursements) must be paid within two working days of the exit, whatever the reason. Cutting a role for business reasons is retrenchment: one month's notice or pay in lieu, 15 days' average pay per completed year of service, and 15 days' wages into the re-skilling fund, with government approval needed only at 300 or more workers. A fixed-term employee earns gratuity after one year. Tell the person yourself, privately, and give a relieving letter.

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8 resources, 8 link-checked.

📄 Article
✓ Link checked India Free Beginner

The Ministry of Labour's 21 November 2025 release bringing the four Labour Codes into force, with the before-and-after table: mandatory appointment letters for all workers, and gratuity for fixed-term employees after one year.

Government Makes the Four Labour Codes Effective

From pib.gov.in by Press Information Bureau

  • Appointment letters are mandatory for all workers.
  • Fixed-term employees get the same benefits as permanent ones, gratuity after one year.
  • Minimum wages now apply to all workers.
Open pib.gov.in →
📄 Article
✓ Link checked India Free Intermediate

The government's explainer on what each Code changes. For an employer letting people go, it states the re-skilling fund (15 days' wages per retrenched worker, on top of retrenchment compensation, credited within 45 days) and the higher threshold of 300 workers for needing approval to lay off, retrench or close.

India's Labour Reforms: Simplification, Security, and Sustainable Growth (PIB backgrounder)

From static.pib.gov.in by Press Information Bureau PDF backgrounder

  • Retrenching a worker now costs 15 days' wages into the re-skilling fund, in addition to retrenchment compensation.
  • Prior government approval for lay-off, retrenchment or closure applies only from 300 workers, up from 100.
  • Allowances above half of pay are added back to wages for gratuity and social security.
Open static.pib.gov.in →
📄 Article
✓ Link checked India Free Intermediate

The ministry's single page for the four Codes: the text of each Code, the Central Rules notified in 2026, the Industrial Relations Code (Amendment) Act 2026, and the ministry's compiled FAQs, updated through October 2026. This is where to check a rule rather than a summary of it.

Labour Codes: the Codes, Central Rules 2026 and official FAQs (Ministry of Labour)

From labour.gov.in by Ministry of Labour and Employment Official page

  • Read the Code on Wages and the Industrial Relations Code here before relying on a blog's summary.
  • The compiled FAQs answer common employer questions on notice, wages and settlement.
  • States notify their own rules, so check your state's position alongside the central ones.
Open labour.gov.in →
📄 Article
✓ Link checked India Free Intermediate

This is the legal spine for doing it cleanly under Indian rules. It spells out why parting during probation is the cleanest exit (lighter notice, no retrenchment machinery), the full-and-final settlement clock (exit wages due within 2 working days of the last day under the Code on Wages), and exactly what to document: termination letter, settlement statement, payment records, and the employee's acknowledgment. It also flags state-by-state notice differences (Maharashtra, Karnataka, Delhi), so a Bengaluru fire follows different paper than a Mumbai one.

A Guide to Terminating Employment in India

From India Briefing by Dezan Shira & Associates 15 min read

  • Firing during probation is materially cleaner than firing a confirmed employee, so move inside the 60-to-90-day window if you can
  • Full-and-final settlement (salary, leave encashment, statutory dues) is legally due within 2 working days of the last day, so pay fast and issue the relieving letter
  • Keep the paper trail: termination letter, settlement statement, payment proof, and a signed acknowledgment protect you if it is ever disputed
Open india-briefing.com →
📄 Article
✓ Link checked India Free Intermediate

This is the India-specific breakdown you owe your team: what full-and-final actually includes (unpaid salary, leave encashment, pro-rata bonus, gratuity after five years for permanent staff and one year for fixed-term staff, EPF), what you can and cannot deduct, and the hard new timeline under the Code on Wages, 2019 (wages within two working days of exit, gratuity within 30 days). It turns your good intentions into a correct, on-time payout.

Full and Final Settlement in India: 2026 Compliance Guide

From Wisemonk by Wisemonk 15 min read

  • Under the new labour codes, final wages are due within two working days of the last day, not the old 30 to 45
  • FnF spans salary, leave encashment, pro-rata bonus, gratuity, and EPF, minus only reasonable contractual deductions
  • Gratuity has its own 30-day statutory clock (the Payment of Gratuity Act now sits inside the Code on Social Security); run IT, finance, and admin clearances in parallel to meet it
Open wisemonk.io →
📄 Article
✓ Link checked India Free Beginner

An employer's guide, from an Indian payroll company, to the four Labour Codes that took effect on 21 November 2025 and replaced 29 older laws, covering the new wage definition, fixed-term gratuity, appointment letters and gig-worker social security.

Labour Codes 2025: A Practical Guide for HR Leaders

From greytHR by Prachi S 15 min read

  • Allowances cannot exceed 50% of total remuneration, so the wage base for PF and gratuity rises and take-home pay may fall.
  • Fixed-term employees become eligible for gratuity after one year instead of five, with parity with permanent staff.
  • Employers must issue a formal appointment letter to every employee.
  • Many state rules were still being finalised, so follow existing rules in the transition while preparing for the new regime.
Open greythr.com →
📄 Article
✓ Link checked Free Intermediate

Lopp ran People Ops at Palantir and Pinterest, and his one non-negotiable rule is the one that saves a five-person team: a firing should never be a surprise. He walks the exact sequence, immediate feedback in the first 90 days, an informal pre-PIP conversation, then the formal talk, so by the time you part ways the person has already heard every concern. This is the mechanics behind being direct and kind, and it keeps the four people watching from concluding you fire without warning.

The Best Approach to the Worst Conversation: How to Fire Someone

From First Round Review by Michael Lopp (Rands) 18 min read

  • The longer you avoid a performance problem, the less likely you can ever fix it, so raise it the week you notice it
  • Never delegate the hard conversation to HR or a manager; own it directly, that is what the rest of the team is watching
  • By the firing day the person should already know every concern, no surprises, because you documented and voiced them along the way
Open review.firstround.com →
✍️ Essay
✓ Link checked Free Intermediate

Dalgaard, who founded SuccessFactors and sold it to SAP for 3.7 billion dollars, makes the case you need to actually pull the trigger: he has never fired anyone too early. His sharpest point is exactly your five-person problem, junior people spot the mis-hire before you do, and every week you tolerate it they lose faith in your judgment and the best ones start eyeing the door. Read it when you are still hoping it works itself out; it will not.

It's Never Too Early to Fire

From Andreessen Horowitz (a16z) by Lars Dalgaard 12 min read

  • Most performance problems are visible within about two weeks, so your gut at 60 days is not premature, it is late
  • Your team sees the bad hire before you admit it; tolerating it signals weak leadership and pushes your best people out
  • Do it with dignity, but the cost of waiting (lost momentum, eroded trust) always exceeds the discomfort of acting now
Open a16z.com →

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