Hi,
Can a Employer hold back the experience certificate and relieving certificate of an employee who is terminated on the grounds of misconduct.
Second question is that if someone has done proxy attendance for someone else by swiping his ID when he was not present in office , is that considered an offence good for termination or a warning should be given as the concerned employee has worked for more than 4 years in the company.
From India, Thana
Can a Employer hold back the experience certificate and relieving certificate of an employee who is terminated on the grounds of misconduct.
Second question is that if someone has done proxy attendance for someone else by swiping his ID when he was not present in office , is that considered an offence good for termination or a warning should be given as the concerned employee has worked for more than 4 years in the company.
From India, Thana
The employer has right of not to issues the experience certificate on grounds on misconduct which has lead to termination and even if they issue this letter they will mentioned it as termination and why do you want such kind of letter and this is of no use if you show it for another job
Regarding proxy attendance is also an misconduct which comes under the ethics code u will have to find out whether this is true fact and if it is proved give both person warning letter or show cause notice
From India, Mumbai
13Regarding proxy attendance is also an misconduct which comes under the ethics code u will have to find out whether this is true fact and if it is proved give both person warning letter or show cause notice
From India, Mumbai
Dear Friend,
The employer cannot hold back the experience and relieving letter even for the dismissed employees. The employer may mention the reason for leaving service as "Terminated / Discharged / Dismissed " while issuing service certificate / relieving letter etc.
At the same time, the employer can take disciplinary action against any employee for manipulating attendance of other employee which deserves for stringent action as per the procedure of standing orders of company. For terminating the services of an employee who has got 4 yrs of service, regular procedure for issuing memo/charge sheet/ inquiry notice and termination order etc are to be followed. The punishment should be in proportionate with the act of misconduct committed by an employee. even the manipulation of attendance is grave misconduct and it deserves for punishment of dismissal by an employer. provided if employer has kind enough to impose lesser punishment, then it will be OK
Regards
NVRao
Naidupeta
From India, Nellore
The employer cannot hold back the experience and relieving letter even for the dismissed employees. The employer may mention the reason for leaving service as "Terminated / Discharged / Dismissed " while issuing service certificate / relieving letter etc.
At the same time, the employer can take disciplinary action against any employee for manipulating attendance of other employee which deserves for stringent action as per the procedure of standing orders of company. For terminating the services of an employee who has got 4 yrs of service, regular procedure for issuing memo/charge sheet/ inquiry notice and termination order etc are to be followed. The punishment should be in proportionate with the act of misconduct committed by an employee. even the manipulation of attendance is grave misconduct and it deserves for punishment of dismissal by an employer. provided if employer has kind enough to impose lesser punishment, then it will be OK
Regards
NVRao
Naidupeta
From India, Nellore
Dear
in my view experience letter is to be issued to individualwhich does not have any relation with termination.Experience letter means someone
has worked from this date to this dater under so and so capacity.he is not asking performance letter or any other certificate where it is reqd
to be written termination.secondly termination on misconduct can be malafile and may not stand valid in court of law.
false punching is a serious offence and may lead to termination if proved however it is upto management to decide the fate of individual
From India, Delhi
in my view experience letter is to be issued to individualwhich does not have any relation with termination.Experience letter means someone
has worked from this date to this dater under so and so capacity.he is not asking performance letter or any other certificate where it is reqd
to be written termination.secondly termination on misconduct can be malafile and may not stand valid in court of law.
false punching is a serious offence and may lead to termination if proved however it is upto management to decide the fate of individual
From India, Delhi
Any good organisation will provide the Experience letter or the relieving letter to the employee.Even in case of termination they should provide a letter stating the tenure of association of the employee with the organisation. This is a part of good HR practice.
In your case --looks like the employee has violated the code of conduct -- so it is up to the Top Management to Terminate the employee or give him a warning and asking for a written apology.While taking such punitive action employees past record and his contribution should also be taken in to account.
But -- yes -- he should not be left off like that otherwise it will create a bad example for the other employees.
From India, Bangalore
In your case --looks like the employee has violated the code of conduct -- so it is up to the Top Management to Terminate the employee or give him a warning and asking for a written apology.While taking such punitive action employees past record and his contribution should also be taken in to account.
But -- yes -- he should not be left off like that otherwise it will create a bad example for the other employees.
From India, Bangalore
Dear Friends,
I do agree with both my friends - coolhero and vrn. The employer can issue the relieving letter and experience letter. But, what is the use of such letter when the employee is terminated for his misconduct. Why do employee need such kind of letter and that is of no merit in seeking employment somewhere.
Regarding proxy attendance, it is a serius misconduct which comes under the ethics code for staff members. For blue collar category, it comes under Certified Standing orders.
The employer can take disciplinary action against such employee for manipulating attendance of other employee which deserves for stringent action as per the procedure of standing orders of company by complying with all the formalities such as charge-sheeting, enquiry etc. For terminating the services of Staff Member, the Management can act according to the terms of his appointment letter.
The punishment should be in proportionate with the act of misconduct committed by an employee. As the manipulation of attendance is grave misconduct, it deserves for punishment of dismissal. Finally, It is up to the employer to decide on disciplinary matter and passing final orders. Management has to keep in mind the precedence it is going to set on such issues.
Regards,
G.K.Manjunath, Sr. Manager-HR
From India, Bangalore
I do agree with both my friends - coolhero and vrn. The employer can issue the relieving letter and experience letter. But, what is the use of such letter when the employee is terminated for his misconduct. Why do employee need such kind of letter and that is of no merit in seeking employment somewhere.
Regarding proxy attendance, it is a serius misconduct which comes under the ethics code for staff members. For blue collar category, it comes under Certified Standing orders.
The employer can take disciplinary action against such employee for manipulating attendance of other employee which deserves for stringent action as per the procedure of standing orders of company by complying with all the formalities such as charge-sheeting, enquiry etc. For terminating the services of Staff Member, the Management can act according to the terms of his appointment letter.
The punishment should be in proportionate with the act of misconduct committed by an employee. As the manipulation of attendance is grave misconduct, it deserves for punishment of dismissal. Finally, It is up to the employer to decide on disciplinary matter and passing final orders. Management has to keep in mind the precedence it is going to set on such issues.
Regards,
G.K.Manjunath, Sr. Manager-HR
From India, Bangalore
Hi !!!!
It is up to the Management to decide whether to issue an experience letter to the terminated employee or not….however I don’t think that it is mandatory.
Apart from this the proxy attendance is a grave misconduct. It is unethical and if you do not take strict action against it then other employees will take it for granted and you may come across incidents where the same act might get repeated….
From India, Chandigarh
It is up to the Management to decide whether to issue an experience letter to the terminated employee or not….however I don’t think that it is mandatory.
Apart from this the proxy attendance is a grave misconduct. It is unethical and if you do not take strict action against it then other employees will take it for granted and you may come across incidents where the same act might get repeated….
From India, Chandigarh
Relieving letter and experience certificate are two different documents.
In Relieving orders, two facts are mentioned i.e. date of relieving and reasons thereof i.e. promotion, transfer,quitting the organisation due to superannuation, termination or any other reasons.
In Experience certificate, two facts should be mentioned i.e. the duration of his employment and his conduct during that duration in the organisation.
ISHER KUMAR ARORA
From India, Delhi
In Relieving orders, two facts are mentioned i.e. date of relieving and reasons thereof i.e. promotion, transfer,quitting the organisation due to superannuation, termination or any other reasons.
In Experience certificate, two facts should be mentioned i.e. the duration of his employment and his conduct during that duration in the organisation.
ISHER KUMAR ARORA
From India, Delhi
Dear Manjunath,
An employer is at liberty not to issue a relieving and experience certificate. However, wherever, an experience certificate it is mentioned against the column of Reasons for leaving -Termination of service.Such a certificate will be hardly of any use.
Forging proxy signatures is one of the major misconducts and when proved after a proper enquiry the employee may be as well discharged from service.
Regards
S.K.Johri
From India, Delhi
An employer is at liberty not to issue a relieving and experience certificate. However, wherever, an experience certificate it is mentioned against the column of Reasons for leaving -Termination of service.Such a certificate will be hardly of any use.
Forging proxy signatures is one of the major misconducts and when proved after a proper enquiry the employee may be as well discharged from service.
Regards
S.K.Johri
From India, Delhi
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