Hi,
Please tell me if an employee leaves the organization with out serving the notice period mentioned in his appointment letter, OR without getting the permission from his superior about it, is it possible for company to hold his relieving letter and experience certificate?
Somebody told me that legally none of the companies can hold back these papers,(they have to give it to the employee when notice period gets over)even if he has not served the notice period then also..........IS IT TRUE?....please give me your views.
Richa
Bangalore
From India, Bangalore
Please tell me if an employee leaves the organization with out serving the notice period mentioned in his appointment letter, OR without getting the permission from his superior about it, is it possible for company to hold his relieving letter and experience certificate?
Somebody told me that legally none of the companies can hold back these papers,(they have to give it to the employee when notice period gets over)even if he has not served the notice period then also..........IS IT TRUE?....please give me your views.
Richa
Bangalore
From India, Bangalore
Hi Richa,
Employers can hold back the relieving and Experience certificate of the employee who does not serve his full notice period. As many companies follows or atleast have a policy in place to hold this good.
In India there is no law that makes the employer to give it mandatorily. if the employee has not followed the required policy adherence in the organisation the cos. can very well withhold the docs.
But as far as the employee is concerned, he can still show his experience by way of producing the payslip, PF , etc. Which are a govt. statutory that companies adher to and the co. that is willing to take him agrees to it.
As many cos. insist only on previous employment, he can get one from the organisation which has taken him. Hence organisation in its interest should have to insist to give atleast past 2 employment relieving and experience letters to make sure the employee is clean.
Regards
Chandramouli
From India, Madras
1Employers can hold back the relieving and Experience certificate of the employee who does not serve his full notice period. As many companies follows or atleast have a policy in place to hold this good.
In India there is no law that makes the employer to give it mandatorily. if the employee has not followed the required policy adherence in the organisation the cos. can very well withhold the docs.
But as far as the employee is concerned, he can still show his experience by way of producing the payslip, PF , etc. Which are a govt. statutory that companies adher to and the co. that is willing to take him agrees to it.
As many cos. insist only on previous employment, he can get one from the organisation which has taken him. Hence organisation in its interest should have to insist to give atleast past 2 employment relieving and experience letters to make sure the employee is clean.
Regards
Chandramouli
From India, Madras
Hi Chandramauli,
I am a member, can you pls tell me how do i calculate the earned leaves / paid leaves to be settled for employees who leave the org. we have a policy that says for 1 year service employee will accrue 14 Earned leaves. They will be able to use them only after completion of 1 yr. For example an employee serves the company for 1 year 10 months and leaves. When he is leaving his settlement for Earned Leaves should be how many days pay?
Rgds
haritha
From India, Hyderabad
I am a member, can you pls tell me how do i calculate the earned leaves / paid leaves to be settled for employees who leave the org. we have a policy that says for 1 year service employee will accrue 14 Earned leaves. They will be able to use them only after completion of 1 yr. For example an employee serves the company for 1 year 10 months and leaves. When he is leaving his settlement for Earned Leaves should be how many days pay?
Rgds
haritha
From India, Hyderabad
Hi Haritha,
In your case the employee should get total 14+12 =26 earned
leaves.The first 14 leaves for serving one year as per rule in your
co.and next 12 leaves are for serving 10 months period (those he will
have be getting next year).
I think you may get the solution.
thanks,
Sadhana
From India, Thana
In your case the employee should get total 14+12 =26 earned
leaves.The first 14 leaves for serving one year as per rule in your
co.and next 12 leaves are for serving 10 months period (those he will
have be getting next year).
I think you may get the solution.
thanks,
Sadhana
From India, Thana
Hi.. I need small clarification regarding PL settlement. If Employee resigned from the company Is it necessary to deduct ESI,PF & PT in settlement for PL. Umesh
From India, Bangalore
From India, Bangalore
I need a clarification on this....An Employee is willing to pay compensation for his notice period, but still the company is not relieving him....Can the employee though not serves for the notice period as per his employment agreement - claims the experience certificate & relieving order after the actual notice period in back-dated. Is that legally valid? And if the employer doesn't wish to give it, what legal formalities can the employee go for so as to obtain experience certificate &r relieving letter.
From India, Bharat
From India, Bharat
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