My company is registered under the Karnataka State S&E Act as a Proprietorship Concern.
An employee, who was an Academic Counselor by designation, resigned by sending a resignation letter through email. I asked the employee to serve the notice period or pay two months' salary (Rs.15,000/- per month as per the employment letter, which was discussed orally). Since the employee mentioned she was getting married, I did not insist on the Notice Pay. Out of humanitarian considerations, I signed the resignation letter as "relieved with immediate effect" on a hard copy and handed it over to her.
A few days later, I discovered that she had lied. I responded to her resignation email addressing the issue and eventually wished her well as part of the relieving process. She also replied with her perspective and expressed gratitude for the opportunities provided. This concluded the matter.
After 10 days, she returned and stated she would complete the full 60-day Notice Period. Once again, considering humanitarian aspects, I agreed. However, she worked for approximately 40 days and then disappeared once more without completing the full period.
Five months later, she went to the police station and filed a case alleging that I did not provide her with the relieving letter and was harassing her. Subsequently, I presented both emails as evidence, and upon police advice, stamped and signed them before handing them over to her via the authorities.
Now, she claims that since she did not receive a proper letter on the Company Letterhead detailing all relevant information such as the date of joining and resignation, she intends to file a case against me for harassment.
I seek guidance on handling this situation effectively. Any advice or tips on managing this case would be greatly appreciated.
From India, Bangalore
Acknowledge(0)
Amend(0)
2An employee, who was an Academic Counselor by designation, resigned by sending a resignation letter through email. I asked the employee to serve the notice period or pay two months' salary (Rs.15,000/- per month as per the employment letter, which was discussed orally). Since the employee mentioned she was getting married, I did not insist on the Notice Pay. Out of humanitarian considerations, I signed the resignation letter as "relieved with immediate effect" on a hard copy and handed it over to her.
A few days later, I discovered that she had lied. I responded to her resignation email addressing the issue and eventually wished her well as part of the relieving process. She also replied with her perspective and expressed gratitude for the opportunities provided. This concluded the matter.
After 10 days, she returned and stated she would complete the full 60-day Notice Period. Once again, considering humanitarian aspects, I agreed. However, she worked for approximately 40 days and then disappeared once more without completing the full period.
Five months later, she went to the police station and filed a case alleging that I did not provide her with the relieving letter and was harassing her. Subsequently, I presented both emails as evidence, and upon police advice, stamped and signed them before handing them over to her via the authorities.
Now, she claims that since she did not receive a proper letter on the Company Letterhead detailing all relevant information such as the date of joining and resignation, she intends to file a case against me for harassment.
I seek guidance on handling this situation effectively. Any advice or tips on managing this case would be greatly appreciated.
From India, Bangalore
Acknowledge(0)Amend(0)
In such instances, it is not the police who should interfere, but the Labour Department authorities are the appropriate persons to intervene and sort out the issue. It is due to the employee's (ex-employee) sheer lack of common sense that she lodged a police complaint on such a matter. Anyway, if she is so adamant that she requires a letter on the company letterhead, you may give it, but it should be a service cum relieving certificate showcasing the entire story similar to the one stated below:
"This is to certify that Ms......had worked in this establishment from (date of joining) to (date of leaving) as (designation). She was relieved from service on ...(first date of relieving) following her resignation dated ...(date of resignation) and on her request to waive the notice period. But later on (date on which she agreed to serve a 2-month notice period), she was allowed to continue in service on her request and interest to serve the notice period. However, she abandoned the job with effect from (date from which she remained absent, i.e., after 40 days of rejoining). On ..(date on which she was finally relieved), she was formally relieved when she made a complaint before the Inspector of Police of the local Police Station, even though a misconduct sufficient to initiate disciplinary action was pending against her."
The above certificate should be final and let it be on company letterhead. Employees have lots of rights under various labor acts, especially the Industrial Disputes Act, but no employee has any right to ask the employer to provide a fine/good certificate about his service. Moreover, in reference to an inquiry, you can certainly mention the points above.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
"This is to certify that Ms......had worked in this establishment from (date of joining) to (date of leaving) as (designation). She was relieved from service on ...(first date of relieving) following her resignation dated ...(date of resignation) and on her request to waive the notice period. But later on (date on which she agreed to serve a 2-month notice period), she was allowed to continue in service on her request and interest to serve the notice period. However, she abandoned the job with effect from (date from which she remained absent, i.e., after 40 days of rejoining). On ..(date on which she was finally relieved), she was formally relieved when she made a complaint before the Inspector of Police of the local Police Station, even though a misconduct sufficient to initiate disciplinary action was pending against her."
The above certificate should be final and let it be on company letterhead. Employees have lots of rights under various labor acts, especially the Industrial Disputes Act, but no employee has any right to ask the employer to provide a fine/good certificate about his service. Moreover, in reference to an inquiry, you can certainly mention the points above.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Hi,
What Mr. Madhu meant by "in your reference enquiry you may certainly put your above points" is that when people take up a new job, they often contact their previous organization for reference checks. This involves seeking feedback from former employers regarding the employee's performance and behavior. At that time, you can present the relevant facts.
Regards, Anita
From India, Mumbai
Acknowledge(0)Amend(0)
What Mr. Madhu meant by "in your reference enquiry you may certainly put your above points" is that when people take up a new job, they often contact their previous organization for reference checks. This involves seeking feedback from former employers regarding the employee's performance and behavior. At that time, you can present the relevant facts.
Regards, Anita
From India, Mumbai
Acknowledge(0)Amend(0)
Hi hbvkrishna,
Do you agree with Madhu's view? You should prepare a case history and also keep the emails for your reference in the employee file. Additionally, issue her a letter on company letterhead stating the reasons for relieving, including the actual dates, her date of resignation, and the notice period served.
From India, Mumbai
Acknowledge(0)Amend(0)
Do you agree with Madhu's view? You should prepare a case history and also keep the emails for your reference in the employee file. Additionally, issue her a letter on company letterhead stating the reasons for relieving, including the actual dates, her date of resignation, and the notice period served.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Krishna,
The document uploaded by you is pretty clear and will stand by you in any court of law. As far as the relieving letter on letterhead is concerned, you may give it if you desire, or withhold it until she pays for the notice period not served. It's pretty legal. You can let her file a case and ask your lawyer to file for claiming the notice period pay for the period not served. After she pays for the notice period not served, you can issue the relieving letter on your letterhead.
Manoj
From India, Delhi
Acknowledge(0)Amend(0)
The document uploaded by you is pretty clear and will stand by you in any court of law. As far as the relieving letter on letterhead is concerned, you may give it if you desire, or withhold it until she pays for the notice period not served. It's pretty legal. You can let her file a case and ask your lawyer to file for claiming the notice period pay for the period not served. After she pays for the notice period not served, you can issue the relieving letter on your letterhead.
Manoj
From India, Delhi
Acknowledge(0)Amend(0)
I have a different opinion about issuing a relieving letter. You may issue it as detailed by me in my earlier post and do not insist on her to pay the notice pay. Because in court (if it goes out of our control), that may prove against the organization. An employer is not expected to demand notice pay as there is nothing in any labor law permitting an employer to demand notice pay or requiring an employee/workman to give notice pay if they want to leave the organization. Although an employer is bound to give notice or notice pay if they want to terminate or retrench an employee. It is well-settled law that nothing in the appointment order, which is against prevailing laws, will be maintainable. Therefore, I think we should not complicate the issue by stopping the relieving order and asking her to pay the notice pay. Just ask her to come and collect the letter. Please remember that the relieving letter is issued by the employer, and the employer can narrate everything about the employee's performance. It is not necessary for it to be spotless and free from all history of any nuisances the employee might have caused during their service.
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
I have been debating on this topic and I do find that Mr. Madhu’s advice is more strategic as well as with in the frame work of Compliance.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
However, one of my friends informed me that there is a Supreme Court judgment stating that the relieving letter and service certificate should be without negative remarks in the case of resignation, retirement, or termination. Is this true? Can anyone shed some light on this, please..
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Seniors Can service letter where employer mentioned date of joining and date of resign be treated as relive letter? Pl revart
From India, Hubli
Acknowledge(0)Amend(0)
From India, Hubli
Acknowledge(0)Amend(0)
In simple terms, the relieving letter formally states that your resignation has been accepted, and you have been relieved from services. However, the experience letter is a document that specifies your Date of Joining (DoJ) and Date of Resignation (DoR), as well as details about the type of experience you gained, whether the company was satisfied with your performance, etc. This letter is issued upon the completion of your employment contractual obligations.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
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.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf