Vivian Chandrashekar
42

Hi,
It is not worth fighting with a lady who had gone to Police Station to collect her certificate and complaining of Harassment. Many times it is better to compromise unless the employer himself wants to fight it out through HR. The demand of employee is her Service Certificate which is reasonable.

From India, Bangalore
Madhu.T.K
4249

I don't think it as 'reasonable' from the part of an employee who has already received her relieving letter in the presence of a Police officer! Any way, I have put my opinion based on my knowledge and expertise in human relations which may be nothing when compared to the knowledge of others who have responded to the post here, now it is upto the ultimate person to take decision and members like Vivian Chandrashekar to advise on how to proceed with it.
Thank you.
Madhu.T.K

From India, Kannur
Vivian Chandrashekar
42

Hi,
It is good to take different view, analyse a problem and participants knowledge grows. I am victim of some false criminal case which I came out clean eventually while handling the labour. I advise based on my expertise not knowledge. But the knowledge is tool for a problem and it is necessary most of which is shared by Mr. Madhu.T.K and others on this subject. All is well.

From India, Bangalore
raomohan14@gmail.com
Madhu T.K's attention is drawn to Model Standing orders (central) Clause 13 which calls for one month notice or pay in lieu of that in case of resignations. Thus it is evident that there is a provision for employer to demand for pay in lieu of notice. This clause is the guiding factor for majority of organisations to incorporate similar clause in their appointment letters.
M. M. Rao

From India, Ahmadabad
Madhu.T.K
4249

That applies only to establishments having certified standing orders and in respect of such establishments who have included the order in its standing order. The Model Standing Order given in the Act contains the same, but it is not necessary that the same clauses should be included in the standing orders meant for adoption by the company.
Madhu.T.K

From India, Kannur
hbvkrishna
2

Just advise me - mine is a small proprietor concern under Karnataka SE Act, with 3 employees.
I have issued a appointment letter which states 2 months of notice period or 2 months of salary in lie of notice period.
Secondly, I had once again issued 'relieved with immediate effect' written & with company seal on the resignation email hard copy through local police as well, apart from the one which I had given at the time of resignation earlier.
Let us say, I further go ahead, issue on letter head Relieving Cum Service Certificate and there I mention all exact dates per record and also i mention that "....she is once again formally relieved w.e.f xxxx as she indulged in filing a false complaint........"
Let me have your views....any complications?

From India, Bangalore
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