Hi.. i just resigned from my previous work last december 2009. My resignation was informal. i was not able to give the company 15 days notice before i resigned because it was really an abrupt situation that i need to resign immediately due to circumstances. A day before i decided to resign, i informed the supervisor on duty that i cant no longer report to work the next day. and i also said that i will going to pass my resignation the next day. and he said okay.so the following day, i went to the office and passed my letter but the general manager was'nt there so the supervisor told me to leave the letter on his table. so i left.
After passing the letter. there was no call or text messages from the management or from the manager whether they accepted my resignation letter or not. so i just thought everything was ok. But then last week when i went to the office to request for a certificate of employment, the manager refused to give me one. he told me that it was for the reason that my resignation did not undergo the legal process, that i did not gave a 15 days notice before i resigned. i tried to explain my side but still, he refuses to give me a certificate.
Now, i just want to know if the manager's decision or reason for not giving me a certificate of employment was legal, fair, or valid?
Do i really dont have the right anymore to be issued a certificate of employment? Please do help me with this. i hope to hear an answer from you.. Thank u
From Philippines
After passing the letter. there was no call or text messages from the management or from the manager whether they accepted my resignation letter or not. so i just thought everything was ok. But then last week when i went to the office to request for a certificate of employment, the manager refused to give me one. he told me that it was for the reason that my resignation did not undergo the legal process, that i did not gave a 15 days notice before i resigned. i tried to explain my side but still, he refuses to give me a certificate.
Now, i just want to know if the manager's decision or reason for not giving me a certificate of employment was legal, fair, or valid?
Do i really dont have the right anymore to be issued a certificate of employment? Please do help me with this. i hope to hear an answer from you.. Thank u
From Philippines
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
From India, Madras
Hello Anjo,
Since you were aware that you had to serve the notice period of 15days, 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 few days salary in lieu of your letter.
Pls understand that the relieving letter is issued once the employ is relieved from his roles & Responsibilites and his company. In your case, you failed to han over your responsibilities to your reporting manager and also dint give the comapny enough time to replace your role with a new hire or internal transfer. From the Employer's point - you have been irresponsible- no matter how critical the situation 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 withold the employment letter. In this case the employee can take legal action against the employer
From India, Bangalore
2Since you were aware that you had to serve the notice period of 15days, 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 few days salary in lieu of your letter.
Pls understand that the relieving letter is issued once the employ is relieved from his roles & Responsibilites and his company. In your case, you failed to han over your responsibilities to your reporting manager and also dint give the comapny enough time to replace your role with a new hire or internal transfer. From the Employer's point - you have been irresponsible- no matter how critical the situation 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 withold the employment letter. In this case the employee can take legal action against the employer
From India, Bangalore
hello..Thank you for sir for giving your opinion about my post. Yes I'm now aware that it's legal for the manager not to provide me a certificate of employment. yeah, i admit that i do have a mistake, so i just accept and respect their decision in not giving a certificate. Last week, i just knew that three other employees resigned from their work without giving any further notice just like my situation. But when they requested a certificate, the manager provided them. He is really so unfair. The case of
these 3 employees who resigned has no difference with my case but the manager still provide them with certificate. he is not being professional. and i just hate him for that.
From Philippines
these 3 employees who resigned has no difference with my case but the manager still provide them with certificate. he is not being professional. and i just hate him for that.
From Philippines
you are right Anjo, your manager is being unfair... but since its your need now, its best for you to approach him again and request him to provide you the certificate as it is matter of you career, Im sure he would oblige to that... Else raise the issue to his Senior or the management..
Rgds,
Lakshmi
From India, Bangalore
Rgds,
Lakshmi
From India, Bangalore
Hello,
I had resigned from the services of my company due to Pregnancy as my doctor had advised Bed Rest. Accordingly I intimated my company thru email that I tender my resignation on account of the same alongwith the prescription/certificate (scanned image) given by the doctor.
The Company policy states 30 days notice. I worked till Aug 20 and thereofre I could not serve full period of 30 days.
I have been asking (thru email as well as thru phone) my immediate boss and also his boss asking for the procedure to be followed by me and to issue experience certificate for the last 8 months. However, I have not received the experience certificate nor any response thru email.
Kindly suggest what action should I take or whom should I approach for the needful ?
Regards
Kaavya Srinivas
9833418230
From India, Mumbai
I had resigned from the services of my company due to Pregnancy as my doctor had advised Bed Rest. Accordingly I intimated my company thru email that I tender my resignation on account of the same alongwith the prescription/certificate (scanned image) given by the doctor.
The Company policy states 30 days notice. I worked till Aug 20 and thereofre I could not serve full period of 30 days.
I have been asking (thru email as well as thru phone) my immediate boss and also his boss asking for the procedure to be followed by me and to issue experience certificate for the last 8 months. However, I have not received the experience certificate nor any response thru email.
Kindly suggest what action should I take or whom should I approach for the needful ?
Regards
Kaavya Srinivas
9833418230
From India, Mumbai
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 is my legal rights?
From India, Cochin
From India, Cochin
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