Hi, I just resigned from my previous job last December 2009. My resignation was informal. I was not able to give the company 15 days' notice before I resigned because it was a very abrupt situation that necessitated immediate resignation due to circumstances. A day before I decided to resign, I informed the supervisor on duty that I could no longer report to work the next day. I also mentioned that I would submit my resignation the following day, and he acknowledged it. The next day, I visited the office and handed in my letter, but the general manager was not there, so the supervisor instructed me to leave the letter on his table.
After submitting the letter, there was no call or text message from the management or the manager regarding the acceptance of my resignation. Hence, I assumed everything was fine. However, last week when I went to the office to request a certificate of employment, the manager declined to provide me with one. He explained that my resignation did not follow the legal process as I did not provide a 15-day notice. Despite my attempts to explain my situation, he persistently refused to issue the certificate.
I am now seeking clarification on whether the manager's decision or rationale for withholding the certificate of employment was legally sound, fair, or valid. Do I truly no longer have the right to receive a certificate of employment? I would appreciate your assistance with this matter. I look forward to your response. Thank you.
From Philippines
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After submitting the letter, there was no call or text message from the management or the manager regarding the acceptance of my resignation. Hence, I assumed everything was fine. However, last week when I went to the office to request a certificate of employment, the manager declined to provide me with one. He explained that my resignation did not follow the legal process as I did not provide a 15-day notice. Despite my attempts to explain my situation, he persistently refused to issue the certificate.
I am now seeking clarification on whether the manager's decision or rationale for withholding the certificate of employment was legally sound, fair, or valid. Do I truly no longer have the right to receive a certificate of employment? I would appreciate your assistance with this matter. I look forward to your response. Thank you.
From Philippines
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Can someone reply to the above please? Is it legal for an employer to deny a relieving order or experience certificate if the notice period is adhered to ?
From India, Madras
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From India, Madras
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Hello Anjo,
Since you were aware that you had to serve the notice period of 15 days, it is valid on the employer's side to not provide you the relieving letter/employment certificate. However, it is not legally correct for the employer to do so. You can talk to your HR and your reporting manager and try to strike a win-win deal by foregoing a few days' salary in lieu of your letter.
Please understand that the relieving letter is issued once the employee is relieved from his roles and responsibilities in his company. In your case, you failed to hand over your responsibilities to your reporting manager and also didn't give the company enough time to replace your role with a new hire or internal transfer. From the employer's point of view, you have been irresponsible - no matter how critical the situation may be, you should inform the organization of your inability to continue service in advance.
If the notice period is adhered to, it wouldn't be ethical and legal for an employer to deny or withhold the employment letter. In this case, the employee can take legal action against the employer.
From India, Bangalore
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2Since you were aware that you had to serve the notice period of 15 days, it is valid on the employer's side to not provide you the relieving letter/employment certificate. However, it is not legally correct for the employer to do so. You can talk to your HR and your reporting manager and try to strike a win-win deal by foregoing a few days' salary in lieu of your letter.
Please understand that the relieving letter is issued once the employee is relieved from his roles and responsibilities in his company. In your case, you failed to hand over your responsibilities to your reporting manager and also didn't give the company enough time to replace your role with a new hire or internal transfer. From the employer's point of view, you have been irresponsible - no matter how critical the situation may be, you should inform the organization of your inability to continue service in advance.
If the notice period is adhered to, it wouldn't be ethical and legal for an employer to deny or withhold the employment letter. In this case, the employee can take legal action against the employer.
From India, Bangalore
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Hello, thank you for giving your opinion about my post. I am now aware that it's legal for the manager not to provide me a certificate of employment. I admit that I made a mistake, so I accept and respect their decision in not giving me a certificate.
Last week, I found out that three other employees resigned from their work without giving any further notice, similar to my situation. However, when they requested a certificate, the manager provided it to them. This situation seems unfair to me. The cases of these three employees who resigned are no different from mine, yet the manager still provided them with a certificate. This lack of consistency in handling such requests is unprofessional, and I feel frustrated about it.
From Philippines
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Last week, I found out that three other employees resigned from their work without giving any further notice, similar to my situation. However, when they requested a certificate, the manager provided it to them. This situation seems unfair to me. The cases of these three employees who resigned are no different from mine, yet the manager still provided them with a certificate. This lack of consistency in handling such requests is unprofessional, and I feel frustrated about it.
From Philippines
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You are right, Anjo. Your manager is being unfair. Since it's your need now, it's best for you to approach him again and request him to provide you the certificate, as it is a matter of your career. I'm sure he would oblige to that. Otherwise, raise the issue to his senior or the management.
Regards,
Lakshmi
From India, Bangalore
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Regards,
Lakshmi
From India, Bangalore
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Hello,
I resigned from my company due to pregnancy as my doctor advised bed rest. I informed the company via email that I am resigning due to this reason, attaching the scanned image of the prescription/certificate provided by the doctor.
The company policy requires a 30-day notice period. I worked until August 20, and therefore, I was unable to fulfill the entire notice period.
For the past 8 months, I have been inquiring (via email and phone) with my immediate boss and their superior about the procedures to be followed and the issuance of an experience certificate. However, I have not received the experience certificate or any response via email.
Could you kindly suggest the appropriate course of action for me to take or whom I should reach out to for assistance?
Regards, Kaavya Srinivas
9833418230
From India, Mumbai
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I resigned from my company due to pregnancy as my doctor advised bed rest. I informed the company via email that I am resigning due to this reason, attaching the scanned image of the prescription/certificate provided by the doctor.
The company policy requires a 30-day notice period. I worked until August 20, and therefore, I was unable to fulfill the entire notice period.
For the past 8 months, I have been inquiring (via email and phone) with my immediate boss and their superior about the procedures to be followed and the issuance of an experience certificate. However, I have not received the experience certificate or any response via email.
Could you kindly suggest the appropriate course of action for me to take or whom I should reach out to for assistance?
Regards, Kaavya Srinivas
9833418230
From India, Mumbai
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I formally resigned from my previous job, and I was given a quit claim which I signed together with my separation pay 15 years ago. Recently, I asked this former employer if they could issue me an employment certificate during those times I worked with them, but the HR refused because I am no longer an employee. What are my legal rights?
From India, Cochin
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From India, Cochin
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Legal Notice for Breach of Notice Period .docx