Hi
We have a policy of one month notice period for resigning the company. if short notice period they have to give one month salary to company. one of our employee has resigned and he is ready to give one month salary and my management doesn't want to take the money from him where they don't want to do his releving formalities as he is a loose talker in the company. he has worked 2 years and recently he is behaving like this.
we would like to know is there any obligation if we do not give him a releving letter? Kindly advise.
S.Rajeswari

From India
Dear Rajeshwari
What you are going to do with the guy, who is a loose talker and has resigned from the services of the company and also why should you retain him who is not going to contribute his knowledge for the growth of organisation?
If he is ready to refund the notice period money, please accept the same and relieving him.
Otherwise, he will become a nuisance to others and will spoil the moral, and environment of the company.
With regards
L.Kumar

From India, Madras
Hi Kumar
Tx for ur kind words.
My management wants to punish him by not giving his releving letter. i would like to know is there any chances that he can take any legal action against the company.
pls advise.
Tx
S.Rajeswari

From India
Dear Rajeshwari
Yes, there are chances, if he approaches labour court and a lawyer.
He may serve notice to company that because of not issuing his relieving letter, he may claim the monetory loss sustained by him.
Since the obligation of both (employer and employee) has been mentioned in appointment letter and if employee is ready to pay the notice period money, it is my advice, please accept and issue relieving letter to him. Otherwise, if he approaches legally, he may get his relieving letter, without paying notice period money which please make a note.
L.Kumar

From India, Madras
hai Rajeswari
Since that guy is a loose talker and if the company & urself wants to punish him. Find the way where he has talke wrong about the company and take his performance during the last one month, timings, leave and terminate him in that grounds...... let him repent for the things he has done and get the money for notice period and relieve him of his formalties after the notice period.
This will be hectic to digest but the way u shud do is that u have to call him at the end of the day and send him off saying u have been terminated under these grounds get one copy from him signed, if he doesnot take it send him a registered post with Acknowledgement. This will be a lesson for those in the company who would have done same things in the company. send a mail saying that he had been relieved from the company lets wish him.....
This is what i suggest
Regds
Vls

From India, Madras
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