I am to join a company in a month. I am interested in the position. However, in the offer letter, it is mentioned that the company won't be providing a relieving letter and experience letter unless I work for more than 3 years in the company. Can the company not provide me with the relieving letter and experience letter if they mention so in the offer letter, especially if I resign before the specified work time? Kindly provide assistance from your experience and knowledge.
Regards, Vishnu
From India, Hyderabad
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Regards, Vishnu
From India, Hyderabad
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The company has made it very clear at the appointment stage itself that it is not going to provide you either the relieving letter or experience letter if you leave service before the stipulated period of three years. You accept the terms and join service only if you are agreeable to it; otherwise, you may look elsewhere.
But the question of having such a clause in the offer of appointment is a matter of ethics, and the company in question has its view on it. They are trying to have a negative covenant in appointment so as to retain the joinees in service for at least three years. This shows how much the company is desperate for retention of the employees. How effective this will be, only time will tell, but certainly, this is not the best way to retain talents. In this way, the company is only exploiting the unemployment situation.
There are world-class organizations that pay compensation to people who leave services within the initial three months as they would otherwise be a misfit and would cost the company much more at a later date.
From India, Mumbai
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1593But the question of having such a clause in the offer of appointment is a matter of ethics, and the company in question has its view on it. They are trying to have a negative covenant in appointment so as to retain the joinees in service for at least three years. This shows how much the company is desperate for retention of the employees. How effective this will be, only time will tell, but certainly, this is not the best way to retain talents. In this way, the company is only exploiting the unemployment situation.
There are world-class organizations that pay compensation to people who leave services within the initial three months as they would otherwise be a misfit and would cost the company much more at a later date.
From India, Mumbai
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Dear KKHR,
Not only is it a compulsory retention action, but it also sheds light on the lack of suitable candidates in the market. The market is flooded with engineers and postgraduates. Chartered Accountants (CAs) have even been seen applying for the position of a peon recently. Many people are simply unemployable regardless of their official qualifications. I once interviewed an engineer who could not explain "ampere" and "volt" properly. Consequently, companies are resorting to various methods to retain employees by any means necessary.
Thank you.
From India, Pune
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Not only is it a compulsory retention action, but it also sheds light on the lack of suitable candidates in the market. The market is flooded with engineers and postgraduates. Chartered Accountants (CAs) have even been seen applying for the position of a peon recently. Many people are simply unemployable regardless of their official qualifications. I once interviewed an engineer who could not explain "ampere" and "volt" properly. Consequently, companies are resorting to various methods to retain employees by any means necessary.
Thank you.
From India, Pune
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Though I concur with M/S KK!HR and Nathrao on their explanatory note about the unconventional condition imposed by the particular management for the purpose of retaining talented employees in the organization, I would emphasize that such a condition smacks of an indirect bonded labor system. This condition also implies that no resignation would be accepted within the stipulated period.
Suppose an employee finds a better opportunity within a year or two and submits his resignation. Most probably, it would not be accepted but only rejected to avoid documentation of a formal relief. Naturally, the employee would be tempted to walk out without formal relieving orders as well as an experience certificate, deeming the explicit condition in the offer letter already issued as proof of his tenure in the company.
Then, the management can play the game of employment abscondment and torture the employee or spoil the background verification with a wanton claim of the continuation of his services on record. Therefore, I would suggest that if the questioner is optimistic about his employability and shrewd enough, he can negotiate with the management to substitute the condition with a sufficiently long notice period, if any, as they deem reasonable.
From India, Salem
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Suppose an employee finds a better opportunity within a year or two and submits his resignation. Most probably, it would not be accepted but only rejected to avoid documentation of a formal relief. Naturally, the employee would be tempted to walk out without formal relieving orders as well as an experience certificate, deeming the explicit condition in the offer letter already issued as proof of his tenure in the company.
Then, the management can play the game of employment abscondment and torture the employee or spoil the background verification with a wanton claim of the continuation of his services on record. Therefore, I would suggest that if the questioner is optimistic about his employability and shrewd enough, he can negotiate with the management to substitute the condition with a sufficiently long notice period, if any, as they deem reasonable.
From India, Salem
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Dear Mr. Uma,
Laws are plentiful to regulate every aspect of our personal and working lives. However, employers often exploit the dire unemployment situation in the nation, which is exacerbated by uncontrolled and unrestricted population growth. Even after securing a job, employees sometimes take advantage and act according to their own desires, such as permanent government servants who consider themselves above the law.
In such circumstances, employees are left feeling helpless as seeking judicial recourse is time-consuming, expensive, and may not always be effective. Employees find themselves in a difficult situation where leaving the job could result in not receiving proper documentation or being labeled as an absconder, while staying traps them in a situation akin to bonded labor.
A potential partial solution would be for the employee to utilize their negotiation skills or take the risk of resigning.
Thank you.
From India, Pune
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Laws are plentiful to regulate every aspect of our personal and working lives. However, employers often exploit the dire unemployment situation in the nation, which is exacerbated by uncontrolled and unrestricted population growth. Even after securing a job, employees sometimes take advantage and act according to their own desires, such as permanent government servants who consider themselves above the law.
In such circumstances, employees are left feeling helpless as seeking judicial recourse is time-consuming, expensive, and may not always be effective. Employees find themselves in a difficult situation where leaving the job could result in not receiving proper documentation or being labeled as an absconder, while staying traps them in a situation akin to bonded labor.
A potential partial solution would be for the employee to utilize their negotiation skills or take the risk of resigning.
Thank you.
From India, Pune
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Employee has to work as per the policies and offer letter. However, the clause they have mentioned seems tricky to enforce with the employees.
Of course, employees should follow the same, but you can request them to provide an experience letter if they do not accept the offer letter clause. You can ask them to provide any letter or an acceptance email of resignation. Please write an email to your manager mentioning your Date of Joining (DOJ), Name, Designation, Reason for Leaving, and Date of Leaving (DOL), and get the approval. This may help you provide for the next company.
You can also approach the HR department, mentioning the same regarding your issues.
From India, Hyderabad
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Of course, employees should follow the same, but you can request them to provide an experience letter if they do not accept the offer letter clause. You can ask them to provide any letter or an acceptance email of resignation. Please write an email to your manager mentioning your Date of Joining (DOJ), Name, Designation, Reason for Leaving, and Date of Leaving (DOL), and get the approval. This may help you provide for the next company.
You can also approach the HR department, mentioning the same regarding your issues.
From India, Hyderabad
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Offer letter.pdf
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