Hi,
Can any one help me out.. i am working as an Asst. HR Manager with one of the IT company..
One of our employee who has worked with us for more than 3 yrs.. had resigned.. we have a notice period of 2 months but after 15 days..as he wanted to join somewhere and he has absconded without serving proper notice period.. and other exit formalities.. in this case we have sent across the full and final letter with a cheque after calculating unserved notice deductions.. etc.. but now he is visiting our office saying he wants his other letters.. rel and exp.. letter.. or else he would go in labour court.. and if we give the letters than this would be a wrong message to employee who serve their proper notice or else any other new employee wont serve the proper notice.. please confirm.. what can be done in this matter..
Also we have helped him process his PF formalities..
Earliest reply will always be appreciated..
Regards,
Vishakha
From India, Mumbai
1Can any one help me out.. i am working as an Asst. HR Manager with one of the IT company..
One of our employee who has worked with us for more than 3 yrs.. had resigned.. we have a notice period of 2 months but after 15 days..as he wanted to join somewhere and he has absconded without serving proper notice period.. and other exit formalities.. in this case we have sent across the full and final letter with a cheque after calculating unserved notice deductions.. etc.. but now he is visiting our office saying he wants his other letters.. rel and exp.. letter.. or else he would go in labour court.. and if we give the letters than this would be a wrong message to employee who serve their proper notice or else any other new employee wont serve the proper notice.. please confirm.. what can be done in this matter..
Also we have helped him process his PF formalities..
Earliest reply will always be appreciated..
Regards,
Vishakha
From India, Mumbai
do you have written communication between you (Organization) and employee that he only serve 15 days as he need to join the new organization?
From India, Delhi
From India, Delhi
Dear Visakha: You can give him a relieving order clearly mentioning that he had not served the notice period in full and as I can make out, you have adjusted from the dues payable to him the salary towards remaining notice period. KK
From India, Bhopal
From India, Bhopal
Thanks all..
Yes i have a proof that he has not served the notice period fully.. and yes we have adjusted his leaves as well as notice period and accordingly paid him the cheque of Rs.200/- .. now after 4 months he had visited our office and is asking for letters.. i just wanted to know as an organization are we right in not giving him letters or if he approached labour we may have to give the same.. in that case it would be better if i issue the same to him now.. instead of getting trapped into legal and other case related issues..
Regards,
From India, Mumbai
Yes i have a proof that he has not served the notice period fully.. and yes we have adjusted his leaves as well as notice period and accordingly paid him the cheque of Rs.200/- .. now after 4 months he had visited our office and is asking for letters.. i just wanted to know as an organization are we right in not giving him letters or if he approached labour we may have to give the same.. in that case it would be better if i issue the same to him now.. instead of getting trapped into legal and other case related issues..
Regards,
From India, Mumbai
Dear Vishakha,
I am a retired academic and not a HR expert. Hence, here is question and comments. What does " rel and exp.. letter." refer to? Does it stand for Relieve and Experience? If so, like KKNair has suggested issue it with all the info.
Litigation is neither good for the company nor the candidate. In the letter you can clearly state what has transpired. Let me give a different example of how two professors gave letters when a student finished a course and asked for reference letters. One wrote a very brief letter to the effect that the student was studious and did well and was fit to work both in an industry or go for higher studies. The other, the Head of the Faculty wrote more than a page giving all unwanted information as to when the student joined from where, etc. The former could be used by the student while applying for jobs and the latter had to be binned, as it was worthless. Employers do not have time to read a cock and bull story.
If you want to be nice follow the professor's way; if you want to be nasty follow the Head of the Faculty's approach.
While working in industry, when a clerical staff that worked for me asked for a certificate, I followed the professors way. I wrote that the employee was a very effective and efficient worker and i would hire her anytime where ever I may work.
From United Kingdom
I am a retired academic and not a HR expert. Hence, here is question and comments. What does " rel and exp.. letter." refer to? Does it stand for Relieve and Experience? If so, like KKNair has suggested issue it with all the info.
Litigation is neither good for the company nor the candidate. In the letter you can clearly state what has transpired. Let me give a different example of how two professors gave letters when a student finished a course and asked for reference letters. One wrote a very brief letter to the effect that the student was studious and did well and was fit to work both in an industry or go for higher studies. The other, the Head of the Faculty wrote more than a page giving all unwanted information as to when the student joined from where, etc. The former could be used by the student while applying for jobs and the latter had to be binned, as it was worthless. Employers do not have time to read a cock and bull story.
If you want to be nice follow the professor's way; if you want to be nasty follow the Head of the Faculty's approach.
While working in industry, when a clerical staff that worked for me asked for a certificate, I followed the professors way. I wrote that the employee was a very effective and efficient worker and i would hire her anytime where ever I may work.
From United Kingdom
Dear Vishakha,
The solution is well-said by K K Nair Ji & Nashbramhall Sir.
Issuing Relieve & Experience Letter to such employee in the manner as said by K K Nair Ji, will not give wrong message to the employees who exit with complete formalities. It will be a lesson for all employees.
In my view, you can do one more thing, you can simply merge Relieve & Experience Letter and give only one letter to such employee. By this, he will not able to hide the way he is changed his job and in future the employers will be aware that this can be done with them also. Send this letter to him through Registered AD Post only. So that, you will have a proof of it.
From India, Delhi
The solution is well-said by K K Nair Ji & Nashbramhall Sir.
Issuing Relieve & Experience Letter to such employee in the manner as said by K K Nair Ji, will not give wrong message to the employees who exit with complete formalities. It will be a lesson for all employees.
In my view, you can do one more thing, you can simply merge Relieve & Experience Letter and give only one letter to such employee. By this, he will not able to hide the way he is changed his job and in future the employers will be aware that this can be done with them also. Send this letter to him through Registered AD Post only. So that, you will have a proof of it.
From India, Delhi
Thanks for your valuable time and comments..
The only reason to ask this was tomorrow he should go to labour and quote we hav not completed the formalities.. as i have seen in past exp.. labour people only take employee's side.. so i will give him the letters.. giving a Note: - It is to be noted that the employee needs to improve upon his compliance on the policies of the company.
while if letters are issued then all employees will do similarly.. abscond and then go to labour..
Hope this suffice.. what we want to do.. also wanted to know whether during verification i need to mention that he has not given sufficient notice.. and not completed exit formalities..
Regards,
From India, Mumbai
The only reason to ask this was tomorrow he should go to labour and quote we hav not completed the formalities.. as i have seen in past exp.. labour people only take employee's side.. so i will give him the letters.. giving a Note: - It is to be noted that the employee needs to improve upon his compliance on the policies of the company.
while if letters are issued then all employees will do similarly.. abscond and then go to labour..
Hope this suffice.. what we want to do.. also wanted to know whether during verification i need to mention that he has not given sufficient notice.. and not completed exit formalities..
Regards,
From India, Mumbai
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