From your question, it appears that the period of absence is yet to be regularized. When she has reported after her absence, Management has not issued a notice or a letter of discontinuance of service, and the employee has also failed to seek approval for the regularization of her leave of absence by producing an appropriate medical certificate. Logically, and according to natural justice, the employee is eligible for an Experience certificate for the total period of her service in your establishment. Regularization of absence is related to her service benefits and has nothing to do with the issuing of an experience certificate. Of late, she has produced a medical certificate. Under Section 9 of the Maternity Benefit Act, 1961, "she is entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage."
Please recommend or arrange to issue an Experience certificate and do not link the issue of experience with "the break-in period." Please go through the Act and take corrective steps to regularize her absence.
SPKR
From India, Bangalore
Acknowledge(0)
Amend(0)
32Please recommend or arrange to issue an Experience certificate and do not link the issue of experience with "the break-in period." Please go through the Act and take corrective steps to regularize her absence.
SPKR
From India, Bangalore
Acknowledge(0)Amend(0)
Dear all,
Let it be clear: gratuity is payable for every completed year of service, and a completed year means a service of 240 days in a 12-month period. This is the case regardless of any breaks in between. In this instance, there was no break; hence, for gratuity calculation, the period of absence is also to be reckoned.
KK
From India, Bhopal
Acknowledge(0)Amend(0)
Let it be clear: gratuity is payable for every completed year of service, and a completed year means a service of 240 days in a 12-month period. This is the case regardless of any breaks in between. In this instance, there was no break; hence, for gratuity calculation, the period of absence is also to be reckoned.
KK
From India, Bhopal
Acknowledge(0)Amend(0)
I endorse the view of Mr. K.K. Nair regarding the computation of gratuity. As the period of absence in the instant case cannot be treated as a break in service, the company cannot exclude the said period of absence from the computation of gratuity. Furthermore, the views expressed by learned members are based on prudent practices of administration and the laws governing such situations.
B. Saikumar
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
This is a case where, if not handled with care, the HR will lose its face. From what is written by the HR team, I would first congratulate the HR for taking the female employee back. The female employee has taken things for granted; she did not submit her medical reports to date. It was an unspoken understanding between both parties as the issue was delicate and highly traumatic.
In my opinion, the employee should not insist on the experience letter for the period that she has not worked, and no company issues an Experience certificate if you have worked for less than a year. Secondly, no company would have reappointed any employee who has not bothered to call the office during the period when she was not in the office.
One more lesson the HR has to learn is to handle procedures while ensuring that employees who are going through a traumatic phase cooperate without feeling hurt.
Karuna Jadhav
From India, Mumbai
Acknowledge(0)Amend(0)
This is a case where, if not handled with care, the HR will lose its face. From what is written by the HR team, I would first congratulate the HR for taking the female employee back. The female employee has taken things for granted; she did not submit her medical reports to date. It was an unspoken understanding between both parties as the issue was delicate and highly traumatic.
In my opinion, the employee should not insist on the experience letter for the period that she has not worked, and no company issues an Experience certificate if you have worked for less than a year. Secondly, no company would have reappointed any employee who has not bothered to call the office during the period when she was not in the office.
One more lesson the HR has to learn is to handle procedures while ensuring that employees who are going through a traumatic phase cooperate without feeling hurt.
Karuna Jadhav
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sirs,
The issue in question is very simple: whether the employee who was absent from duty for a long duration, had an abortion, and has been allowed to resume her duties despite the fact that there has been no application, whatsoever, from her to the above account, is entitled to an experience certificate or not.
The matter pertaining to her absence from duty, for whatever reason, stands condoned once she has been allowed to resume her duties. It is immaterial whether she stayed off duty, on leave without pay, or otherwise; the master and servant relationship has been continuing until she joins the other organization for better prospects. In such a situation, the question of denial of an experience certificate does not arise.
However, in the present issue, I will not dwell on the mishandling of the case on the part of the HR department.
Regards,
skjohri
From India, Delhi
Acknowledge(0)Amend(0)
The issue in question is very simple: whether the employee who was absent from duty for a long duration, had an abortion, and has been allowed to resume her duties despite the fact that there has been no application, whatsoever, from her to the above account, is entitled to an experience certificate or not.
The matter pertaining to her absence from duty, for whatever reason, stands condoned once she has been allowed to resume her duties. It is immaterial whether she stayed off duty, on leave without pay, or otherwise; the master and servant relationship has been continuing until she joins the other organization for better prospects. In such a situation, the question of denial of an experience certificate does not arise.
However, in the present issue, I will not dwell on the mishandling of the case on the part of the HR department.
Regards,
skjohri
From India, Delhi
Acknowledge(0)Amend(0)
Dear SKJohri,
The issue of the experience letter is not as simple as it sounds. This could set a precedent that may be utilized by any other employee in the future. The appropriate approach would be for the female employee to inform the new employee about the situation and request an experience letter from the time she re-joined the company. The HR did not mishandle the case; they have been very supportive. However, they did not document the case properly.
Karuna Jadhav
From India, Mumbai
Acknowledge(0)Amend(0)
The issue of the experience letter is not as simple as it sounds. This could set a precedent that may be utilized by any other employee in the future. The appropriate approach would be for the female employee to inform the new employee about the situation and request an experience letter from the time she re-joined the company. The HR did not mishandle the case; they have been very supportive. However, they did not document the case properly.
Karuna Jadhav
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
I have seen all the comments in this thread. Frankly, the employee has been cornered and is at the receiving end. She must rightfully receive the Experience Letter for the continuous period. After considering all the prevalent rules, she must receive it. She was eligible for maternity benefits also.
Regards,
S. B. Panicker
From India, Nasik
Acknowledge(0)Amend(0)
I have seen all the comments in this thread. Frankly, the employee has been cornered and is at the receiving end. She must rightfully receive the Experience Letter for the continuous period. After considering all the prevalent rules, she must receive it. She was eligible for maternity benefits also.
Regards,
S. B. Panicker
From India, Nasik
Acknowledge(0)Amend(0)
Dear friends,
The HR erred in not regularizing the so-called 'maternity leave' with due process. Now, after allowing her to leave, the talk of past service or no service is being deliberated, which is yet another error. I believe a formal relieving letter has already been issued to her, and F & F settlement, excepting gratuity, is made. Sympathy is one thing, and compliance with office procedures is another. I think the HR shouldn't dwell on what has not been done at the right time. It's too late.
From India, Bangalore
Acknowledge(0)Amend(0)
The HR erred in not regularizing the so-called 'maternity leave' with due process. Now, after allowing her to leave, the talk of past service or no service is being deliberated, which is yet another error. I believe a formal relieving letter has already been issued to her, and F & F settlement, excepting gratuity, is made. Sympathy is one thing, and compliance with office procedures is another. I think the HR shouldn't dwell on what has not been done at the right time. It's too late.
From India, Bangalore
Acknowledge(0)Amend(0)
Hello Karuna Jadhav,
You have mentioned that the employer did not document the case properly. Therefore, it is not within his authority to deny the employee the experience certificate for the entire duration of her tenure. A person should not be allowed to benefit from their own mistakes.
B. Saikumar
From India, Mumbai
Acknowledge(0)Amend(0)
You have mentioned that the employer did not document the case properly. Therefore, it is not within his authority to deny the employee the experience certificate for the entire duration of her tenure. A person should not be allowed to benefit from their own mistakes.
B. Saikumar
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.