Dear All,
I'm working as HR Head for a organisation and right now facing a issue as mentioned below .
A guy worked for our organisation for 1 year and subsequently left due to some differences with management.
As per job agreement he has to give 1 month notice or salary in lieu of that.
He sent across email abt. his resignation to his boss and subsequently stopped coming to office.
We gave him all his dues applicable along with Form 16 but not his experience/service letter.
Now that guy is asking for experience letter and saying that if he is not given that in a fothnight then he will follow legal recourse for same.
My question are :
1. Are we bound to give him experience letter ?
2. Can we avoid giving him so ?
3. If he goes legal than on what grounds we can defend ourselves ?
Thanks
Vijay
From India
I'm working as HR Head for a organisation and right now facing a issue as mentioned below .
A guy worked for our organisation for 1 year and subsequently left due to some differences with management.
As per job agreement he has to give 1 month notice or salary in lieu of that.
He sent across email abt. his resignation to his boss and subsequently stopped coming to office.
We gave him all his dues applicable along with Form 16 but not his experience/service letter.
Now that guy is asking for experience letter and saying that if he is not given that in a fothnight then he will follow legal recourse for same.
My question are :
1. Are we bound to give him experience letter ?
2. Can we avoid giving him so ?
3. If he goes legal than on what grounds we can defend ourselves ?
Thanks
Vijay
From India
As per my understanding if you have cleared his account from your compnay , then you should give him his expereince letter.
His email justifes that he has submitted his resignation and if he has recived an accpetnace in lieu of that then it is accorded that it has been accepeted by the org too.
so now Whats the point in holding his exp letter?
Regards,
anu
From India, Calcutta
5His email justifes that he has submitted his resignation and if he has recived an accpetnace in lieu of that then it is accorded that it has been accepeted by the org too.
so now Whats the point in holding his exp letter?
Regards,
anu
From India, Calcutta
1. Are we bound to give him experience letter ?
Ans. You are not bound to give him experience letter .But when an employee leaves the organisation please try to adieu him in a smiling and pleasant way. All these carries a lot right from company reputation to reminiscent stint the employee had with Org.
2. Can we avoid giving him so ?
Ya! you can . Straight way ask him that you woun't issue hiim exp. letter.
3. If he goes legal than on what grounds we can defend ourselves ?
You can say that during the period of working his performance was found unsatisfactory which you do not like to mention black & white. It will effect his future career. Bla..bla..bla..
My overall comments is that issue him exp letter b'coz if you get a good opportunity should you not move????
From India
Ans. You are not bound to give him experience letter .But when an employee leaves the organisation please try to adieu him in a smiling and pleasant way. All these carries a lot right from company reputation to reminiscent stint the employee had with Org.
2. Can we avoid giving him so ?
Ya! you can . Straight way ask him that you woun't issue hiim exp. letter.
3. If he goes legal than on what grounds we can defend ourselves ?
You can say that during the period of working his performance was found unsatisfactory which you do not like to mention black & white. It will effect his future career. Bla..bla..bla..
My overall comments is that issue him exp letter b'coz if you get a good opportunity should you not move????
From India
Interesting Vijay,
From what you have described, it appears that no handover has taken place. If this is the case, then you did not have to settle his accounts.
As Anu said, having cleared his accounts and Form 16, it becomes pointless to withhold the experience letter.
However, if you have an exit policy, kindly refer to the terms on this. Alternatively, look at the terms of release in the appointment letter or perhaps the Standing Orders. I am not aware of any legal obligation on the issue of the experience letter, but you can check this with your legal department. Many small organizations do not bother with this formality.
Regards
Ryan
From India, Mumbai
From what you have described, it appears that no handover has taken place. If this is the case, then you did not have to settle his accounts.
As Anu said, having cleared his accounts and Form 16, it becomes pointless to withhold the experience letter.
However, if you have an exit policy, kindly refer to the terms on this. Alternatively, look at the terms of release in the appointment letter or perhaps the Standing Orders. I am not aware of any legal obligation on the issue of the experience letter, but you can check this with your legal department. Many small organizations do not bother with this formality.
Regards
Ryan
From India, Mumbai
Vijay,
I do recommend the same don't hold his service letter. It makes no sense by holding it and as you said if he goes legally it will spoil the reputation of the organisaton and nothing else will happen.
Unless you have any working related issues which he has left uncompleted you cannot work anything against him. More over if should be conveyed to him in writing and you should hold the proof that he has received the document and not responded to it.
There are ways to pull his leg but what is the purpose even your current employees will feel bad about this over a period of time if not immediately.
So just send it.
Regards
Vijayakumar
From India, Coimbatore
I do recommend the same don't hold his service letter. It makes no sense by holding it and as you said if he goes legally it will spoil the reputation of the organisaton and nothing else will happen.
Unless you have any working related issues which he has left uncompleted you cannot work anything against him. More over if should be conveyed to him in writing and you should hold the proof that he has received the document and not responded to it.
There are ways to pull his leg but what is the purpose even your current employees will feel bad about this over a period of time if not immediately.
So just send it.
Regards
Vijayakumar
From India, Coimbatore
Vijay,
As you mentioned in the post that you cleared his account from the company;
* Company is never bound to issue the experience letter. But ethically if he is working in your organization then issue him the said letter. its also works as a goodwill gesture.
* what is the need to restrict hm from the letter. Why ?
Come on be professional.
* That particular mattar making no sense to go in to the court, but if it can you have to justify yourself that on which grounds you are not providing the letter.
Hassan
From Pakistan, Islamabad
As you mentioned in the post that you cleared his account from the company;
* Company is never bound to issue the experience letter. But ethically if he is working in your organization then issue him the said letter. its also works as a goodwill gesture.
* what is the need to restrict hm from the letter. Why ?
Come on be professional.
* That particular mattar making no sense to go in to the court, but if it can you have to justify yourself that on which grounds you are not providing the letter.
Hassan
From Pakistan, Islamabad
Hi Vijay,
These are the common issue which i face in my day to day lifein office ,The only and simple way to handle this situation is to ask him to serve the notice period or penalty as per the company policy .
Guy will shut himself get ridof this.
Thanks
Jay
These are the common issue which i face in my day to day lifein office ,The only and simple way to handle this situation is to ask him to serve the notice period or penalty as per the company policy .
Guy will shut himself get ridof this.
Thanks
Jay
HI Jay,
I agree to your view but he has been given all other benefits and now just by holding the Experience letter nothing can be done. Its not fair in our part to hold these things.
Regards
Vijayakumar
From India, Coimbatore
I agree to your view but he has been given all other benefits and now just by holding the Experience letter nothing can be done. Its not fair in our part to hold these things.
Regards
Vijayakumar
From India, Coimbatore
hi vijay Kumar
I don't know about the policies in their organisation but in our organisation we face such case fornightly.mnthly.
The most importanat thing is the acceptance of resignation.Not the supervisor but the functional/dept head have accepted his resignation with the shortfall of notice or is agree to waive off then if there is any leaves left it is adjusted,else the amount is recovered and in the later case of waive off no amt is recovered.
Also if he is abconding after tenderin resignation then we can hold his letter with the reason of non-adherence of exit /notice period.But this should be mentioned in the policy.
And i think in that ground he can't do anything.
Also as mentioned in one of the post that it will give false impression to his colleagues,i guess it will rather instigate them to do the same thing.
regards
deepa
From India, Gurgaon
I don't know about the policies in their organisation but in our organisation we face such case fornightly.mnthly.
The most importanat thing is the acceptance of resignation.Not the supervisor but the functional/dept head have accepted his resignation with the shortfall of notice or is agree to waive off then if there is any leaves left it is adjusted,else the amount is recovered and in the later case of waive off no amt is recovered.
Also if he is abconding after tenderin resignation then we can hold his letter with the reason of non-adherence of exit /notice period.But this should be mentioned in the policy.
And i think in that ground he can't do anything.
Also as mentioned in one of the post that it will give false impression to his colleagues,i guess it will rather instigate them to do the same thing.
regards
deepa
From India, Gurgaon
Hi Deepa,
As I understand, once an employee gives a resignation in writing, there is no way of not accepting it. You may delay in giving the acceptance of the resignation, computation of full and final settlement, experience letter, etc, but legally, you cannot stop the employee from walking out of the organization at the end of his notice period.
I have had many discussions with managers who wanted to hold back their staff beyond the notice period. Unless it is mutually agreed, the employee must complete his handover and exit from the premises at the last day of his notice period.
Regards
Ryan
From India, Mumbai
As I understand, once an employee gives a resignation in writing, there is no way of not accepting it. You may delay in giving the acceptance of the resignation, computation of full and final settlement, experience letter, etc, but legally, you cannot stop the employee from walking out of the organization at the end of his notice period.
I have had many discussions with managers who wanted to hold back their staff beyond the notice period. Unless it is mutually agreed, the employee must complete his handover and exit from the premises at the last day of his notice period.
Regards
Ryan
From India, Mumbai
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Relieving & Experience Letter.doc