One of my friends has recently quit his job by serving his 2-month notice period. However, the employer has taken all his handover the next day at the notice period end. The employer is now saying that his handover is not proper, so first, he should provide a proper handover, and then he can receive his relieving letter and experience letter. According to employment rules, all these processes should have been completed during the notice period, which they failed to do. Now, they are refusing to provide any letters without a proper handover. What should he do in this case?
From India, Mumbai
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From India, Mumbai
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Merely because the handover was done after the notice period was over cannot be made the reason for non-issuance of the Relieving Order and Experience Letter. Stress the fact that the employee did not delay the handover; in fact, the employee was eager to complete the handover process, but the organization showed no interest. By delaying the handover, it is the organization that has benefited as the employee had to continue working at full capacity until the handover process was completed.
These are poor excuses, but perhaps the employee has no choice but to request the relevant authorities to issue the Relieving Order and Experience Certificate.
From India, Mumbai
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1656These are poor excuses, but perhaps the employee has no choice but to request the relevant authorities to issue the Relieving Order and Experience Certificate.
From India, Mumbai
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Dear Mestriprasad01,
If the employer says that the handover was not "proper," then what was the purpose of the notice period? The notice period gives the legroom for the replacement planning. Issues like this crop up when there is no proper "Policy on Employee Handing/Taking Over." The employer should have been thoughtful on how to maintain the operational continuity and how the handover should take place.
In your post, you have not written anything on the role of HOD in handing/taking over. Why did he/she not give proper guidance to the resigning employee?
This is the failure of the HR department too. Once the employee submits the letter of resignation, his/her Last Working Day (LWD) is well-known. Therefore, they should have guided the resigning employee on to whom to hand over the charge of his/her duties, when to hand over, how to hand over, what precautions needed to be observed while handing over, and so on. But then the problem of HR personnel is that they are so obsessed with employee engagement activities or the emotional well-being of the employees that these routine things take a backseat in their scheme of things.
Nevertheless, the blame cannot be laid at the doorstep of top leadership or HOD or the HR Department. The resigning employee could have sought clarification on the process of handover/takeover. It appears that he/she did not do that.
Therefore, there appears to be non-communication from all sides.
Now the solution to come out of this fiasco is to let your friend approach his/her former company and find out what exactly was not "proper" while handing over the charge. Come what may, your friend needs an unblemished "Service-cum-Employment Certificate." To acquire some compromise is essential. Tell him/her that the employer always enjoys the whip hand, and expecting parity with them is a pipe dream. At this stage, let him/her lie low and accept the subordination and move on.
Nevertheless, many employers want the employee to move out smoothly. However, if creating the problems while separation was deliberate by the employer, then things need to be handled separately.
By the way, instead of approaching this forum directly, why has your friend routed the query through you? He/she could have approached this forum directly. Knowing the facts from the first person is always better.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employer says that the handover was not "proper," then what was the purpose of the notice period? The notice period gives the legroom for the replacement planning. Issues like this crop up when there is no proper "Policy on Employee Handing/Taking Over." The employer should have been thoughtful on how to maintain the operational continuity and how the handover should take place.
In your post, you have not written anything on the role of HOD in handing/taking over. Why did he/she not give proper guidance to the resigning employee?
This is the failure of the HR department too. Once the employee submits the letter of resignation, his/her Last Working Day (LWD) is well-known. Therefore, they should have guided the resigning employee on to whom to hand over the charge of his/her duties, when to hand over, how to hand over, what precautions needed to be observed while handing over, and so on. But then the problem of HR personnel is that they are so obsessed with employee engagement activities or the emotional well-being of the employees that these routine things take a backseat in their scheme of things.
Nevertheless, the blame cannot be laid at the doorstep of top leadership or HOD or the HR Department. The resigning employee could have sought clarification on the process of handover/takeover. It appears that he/she did not do that.
Therefore, there appears to be non-communication from all sides.
Now the solution to come out of this fiasco is to let your friend approach his/her former company and find out what exactly was not "proper" while handing over the charge. Come what may, your friend needs an unblemished "Service-cum-Employment Certificate." To acquire some compromise is essential. Tell him/her that the employer always enjoys the whip hand, and expecting parity with them is a pipe dream. At this stage, let him/her lie low and accept the subordination and move on.
Nevertheless, many employers want the employee to move out smoothly. However, if creating the problems while separation was deliberate by the employer, then things need to be handled separately.
By the way, instead of approaching this forum directly, why has your friend routed the query through you? He/she could have approached this forum directly. Knowing the facts from the first person is always better.
Thanks,
Dinesh Divekar
From India, Bangalore
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Employer is saying that whatever work you have done in notice period has to be work then and only then I willl give you reliving letter and experience letter otherwise not.
From India, Mumbai
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From India, Mumbai
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Dear Mestriprasad01,
What proof do you have available that the handover of the items has occurred? The handover can be completed at any time before the end of the notice period or the employee's release. A document is prepared listing the materials in your possession that have been received by the person selected by management. Both the giver and the receiver sign it, and each retains a copy. Do you have that copy? If you do not, then write a letter specifying the day, date, and the person to whom you handed over the items so that everything is completed on your end and you can be relieved soon.
It appears that the HR department is mistreating employees who are leaving the company. You should address this with the HR head and propose a solution. If things do not go as you wish, you may need to consider taking legal action.
From India, Mumbai
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What proof do you have available that the handover of the items has occurred? The handover can be completed at any time before the end of the notice period or the employee's release. A document is prepared listing the materials in your possession that have been received by the person selected by management. Both the giver and the receiver sign it, and each retains a copy. Do you have that copy? If you do not, then write a letter specifying the day, date, and the person to whom you handed over the items so that everything is completed on your end and you can be relieved soon.
It appears that the HR department is mistreating employees who are leaving the company. You should address this with the HR head and propose a solution. If things do not go as you wish, you may need to consider taking legal action.
From India, Mumbai
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