i have the following query,
I am working in a IT company. our leave policy grants a maximum of 30 days leave without pay to an employee in a year, as an exception to this , an employee who wanted to study for MBA was granted three months LWP which ended on 15th May 2006 however the employee did not join after that and requested for further leave of around one month which was declined by the company. A letter was also written urging the employee to join with immediate effect but he did not. Now he wants to join our company but we dont want to take him back. Can we deny him employment with us?
Also, what is the liability on our part to provide him the notice period and relieving letter?
The employee is not willing to quit the Organisation however he is ready to settle the financial dues but wants to get the relieving letter.
What should be our course of action, can we issue him a termination letter. If so, should we give the relieving letter
Regards
Ranji
From India, Gurgaon
I am working in a IT company. our leave policy grants a maximum of 30 days leave without pay to an employee in a year, as an exception to this , an employee who wanted to study for MBA was granted three months LWP which ended on 15th May 2006 however the employee did not join after that and requested for further leave of around one month which was declined by the company. A letter was also written urging the employee to join with immediate effect but he did not. Now he wants to join our company but we dont want to take him back. Can we deny him employment with us?
Also, what is the liability on our part to provide him the notice period and relieving letter?
The employee is not willing to quit the Organisation however he is ready to settle the financial dues but wants to get the relieving letter.
What should be our course of action, can we issue him a termination letter. If so, should we give the relieving letter
Regards
Ranji
From India, Gurgaon
Dear Ranji,
As told by you, the employee was supposed to join on 15th May 06, and a further extension of leave was denied to him. Therefore he was supposed to join back immediately. Since your company do not want to take him back, you can do so by informing the employee of the same. I think you can issue a termination letter as he has not adhered to your letter for joining back (his doing so, shows that he is not genuinely interested in working for the company). I don't think so there is any question coming up for giving a notice period. Seniors correct me if wrong.
If you are giving a termination letter, the question of relieving letter does not arise. However, you can look at his experience in your company and it may be at the discretion of your company whether to give a relieving letter or a termination letter. You cannot give both together, you give either a termination or a relieving letter.
Regards
Julie
From India, Hyderabad
9As told by you, the employee was supposed to join on 15th May 06, and a further extension of leave was denied to him. Therefore he was supposed to join back immediately. Since your company do not want to take him back, you can do so by informing the employee of the same. I think you can issue a termination letter as he has not adhered to your letter for joining back (his doing so, shows that he is not genuinely interested in working for the company). I don't think so there is any question coming up for giving a notice period. Seniors correct me if wrong.
If you are giving a termination letter, the question of relieving letter does not arise. However, you can look at his experience in your company and it may be at the discretion of your company whether to give a relieving letter or a termination letter. You cannot give both together, you give either a termination or a relieving letter.
Regards
Julie
From India, Hyderabad
Hi,
People who take organisation for granted, organisation should also do the same with them. :x
But it is totally upto the descretion of the employer. Once your organisation has decided not to take hime back, you need not give him releiving letter. Only the termination letter should be given and not both.
Generally, organisation can ask for the explanation of not reporting back on time( if the candidate is worth retaining), but in your case I don't think that is possible now. :)
Archna
From India, Delhi
People who take organisation for granted, organisation should also do the same with them. :x
But it is totally upto the descretion of the employer. Once your organisation has decided not to take hime back, you need not give him releiving letter. Only the termination letter should be given and not both.
Generally, organisation can ask for the explanation of not reporting back on time( if the candidate is worth retaining), but in your case I don't think that is possible now. :)
Archna
From India, Delhi
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