Dear all,
Thank you all for your replies. I have now added a clause related to not serving the notice period as follows:
In case you have resigned from the services of the company without giving proper notice, the company will recover salary in lieu of notice from you; moreover, we may be forced to mention this anomaly in your relieving letter and Service Certificate.
However, the management's view on this matter is that we should not issue any relieving letter or service certificate to such an employee, as it may encourage others to also not serve their notice period. We believe there should be strong action taken against him/her.
Seniors, please provide me with your valuable suggestions. Can we withhold an employee's experience certificate and relieving letter just because he/she has not served the notice period?
Thank you.
From India, Mumbai
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2Thank you all for your replies. I have now added a clause related to not serving the notice period as follows:
In case you have resigned from the services of the company without giving proper notice, the company will recover salary in lieu of notice from you; moreover, we may be forced to mention this anomaly in your relieving letter and Service Certificate.
However, the management's view on this matter is that we should not issue any relieving letter or service certificate to such an employee, as it may encourage others to also not serve their notice period. We believe there should be strong action taken against him/her.
Seniors, please provide me with your valuable suggestions. Can we withhold an employee's experience certificate and relieving letter just because he/she has not served the notice period?
Thank you.
From India, Mumbai
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They are asking me where it is written that even employee doesn’t serve notice period we have to issue relieving letter/ experience certificate???
From India, Mumbai
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From India, Mumbai
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I agree with the requirement your management has.
Go ahead and put it very clearly in the appointment letter: in case you do not complete your notice period, you will not be entitled to a relieving letter or experience certificate. In addition, we will initiate legal proceedings against you for the recovery of the notice pay and any direct losses caused by your failure to complete the notice period.
If the situation actually arises, go ahead and deny the relieving letter and experience certificate. But make it very clear to the management that if the employee goes to the labor commissioner or the court (very few will actually do that), we may be forced to provide the experience certificate. However, this is applicable only for the shop and establishment, not the factory, and if required by the state laws. Also, note that what you need to provide is a service record, not an actual experience certificate. As I have mentioned before, read your standing orders and the shop act in your state.
From India, Mumbai
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Go ahead and put it very clearly in the appointment letter: in case you do not complete your notice period, you will not be entitled to a relieving letter or experience certificate. In addition, we will initiate legal proceedings against you for the recovery of the notice pay and any direct losses caused by your failure to complete the notice period.
If the situation actually arises, go ahead and deny the relieving letter and experience certificate. But make it very clear to the management that if the employee goes to the labor commissioner or the court (very few will actually do that), we may be forced to provide the experience certificate. However, this is applicable only for the shop and establishment, not the factory, and if required by the state laws. Also, note that what you need to provide is a service record, not an actual experience certificate. As I have mentioned before, read your standing orders and the shop act in your state.
From India, Mumbai
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