RavithaShukla1:
From your question, it appears that the period of absence is yet to be regularized.When she has reported after her absence,Management has not either a
notice or issued a letter of discontinuance of service and even the employee has also failed to seek approval for the regularization of her leave of absence
by producing appropriate medical certificate. Logically and according to natural justice the employee is eligible for Experience certificate for the total
period of her service in your establishment. Regularization of absence is related to her service benefits and nothing to do with issuing of experience
certificate. Of late she has produced medical certificate. Under Section 9 of the Maternity benefit Act 1961,"she is entitled for leave with wages at the rate of
maternity benefit for a period of six weeks immediately following the day of her miscarriage".
Please recommend or arrange to issue Experience certificate and don't link the issue of experience with "the break in period" please go through the Act and
take corrective steps to regularize her absence.
SPKR
From India, Bangalore
32From your question, it appears that the period of absence is yet to be regularized.When she has reported after her absence,Management has not either a
notice or issued a letter of discontinuance of service and even the employee has also failed to seek approval for the regularization of her leave of absence
by producing appropriate medical certificate. Logically and according to natural justice the employee is eligible for Experience certificate for the total
period of her service in your establishment. Regularization of absence is related to her service benefits and nothing to do with issuing of experience
certificate. Of late she has produced medical certificate. Under Section 9 of the Maternity benefit Act 1961,"she is entitled for leave with wages at the rate of
maternity benefit for a period of six weeks immediately following the day of her miscarriage".
Please recommend or arrange to issue Experience certificate and don't link the issue of experience with "the break in period" please go through the Act and
take corrective steps to regularize her absence.
SPKR
From India, Bangalore
Dear all : Let it be clear, gratuity is payable for every completed year of service and completed year means service of 240 days in the 12 month period. This is so inspite of any break in between. In this case there was no break, hence for Gratuity calculation too the period of absence is to be reckoned. KK
From India, Bhopal
From India, Bhopal
I endorse the view of Mr.K.K.Nair with regard computation of gratuity. As the period of absence in the instant case cannot be treated as break-in-servcie, Thecompany cannot exclude the said period of absence from computation of gratuity. Further the views expressed by learned members are based on prudent practices of administration and the law governing such situations.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Dear All,
This is a case, where if not handled with care the HR will lose its face, from what is written by the HR team I would first congratulate the HR for taking the female employee back. The female employee has taken things for granted, she did not submit her medical reports till date. It was an unspoken understanding between both the parties as the issue was delicate and highly traumatic.
In my opinion the employee should not insist on the experience letter for the period that she has not worked and no company issues Experience certificate it you have worked for less than a year. Secondly no company would have reappointed any employee who has not bothered to call the office during the period when she was not in office.
One more lesson, the HR has to learn to handle procedure while taking care that the employees who are going through a traumatic phase co-operates without filling hurt.
Karuna Jadhav
From India, Mumbai
This is a case, where if not handled with care the HR will lose its face, from what is written by the HR team I would first congratulate the HR for taking the female employee back. The female employee has taken things for granted, she did not submit her medical reports till date. It was an unspoken understanding between both the parties as the issue was delicate and highly traumatic.
In my opinion the employee should not insist on the experience letter for the period that she has not worked and no company issues Experience certificate it you have worked for less than a year. Secondly no company would have reappointed any employee who has not bothered to call the office during the period when she was not in office.
One more lesson, the HR has to learn to handle procedure while taking care that the employees who are going through a traumatic phase co-operates without filling hurt.
Karuna Jadhav
From India, Mumbai
Dear Sirs,
The issue in question is very simple: whether the employee who absented from duty for long duration and had abortion and has been allowed to resume her duties in spite of the fact that there has been no application, whatsoever, from her to the above account is entitled to issue of experience certificate or not.
The matter pertaining to her absence from duty , for whatever be the reason stands condoned once she has been allowed to resume her duties. It is immaterial whether she stayed off duty, on leave without pay or otherwise, the master and servant relationship has been continuing until she joins the other organisation for better prospects. In such a situation the question of denial of experience certificate does not arise.
However, in the present issue I will not like to dwell on the issue of mishandling of the case on the part of the HR department.
Regards
skjohri
From India, Delhi
The issue in question is very simple: whether the employee who absented from duty for long duration and had abortion and has been allowed to resume her duties in spite of the fact that there has been no application, whatsoever, from her to the above account is entitled to issue of experience certificate or not.
The matter pertaining to her absence from duty , for whatever be the reason stands condoned once she has been allowed to resume her duties. It is immaterial whether she stayed off duty, on leave without pay or otherwise, the master and servant relationship has been continuing until she joins the other organisation for better prospects. In such a situation the question of denial of experience certificate does not arise.
However, in the present issue I will not like to dwell on the issue of mishandling of the case on the part of the HR department.
Regards
skjohri
From India, Delhi
Dear SKJohri,
Issue of experience letter is not as simple as it sounds, this will lead to setting a precedent which can be used later on by any other employee. The right approach will have to be, that the female employee informs the new employee about the situation and should ask for experience letter from the time she joined the company for the second time. The HR did not mishandled the case they have been very supportive, but yes they did not document the case properly.
karuna jadhav
From India, Mumbai
Issue of experience letter is not as simple as it sounds, this will lead to setting a precedent which can be used later on by any other employee. The right approach will have to be, that the female employee informs the new employee about the situation and should ask for experience letter from the time she joined the company for the second time. The HR did not mishandled the case they have been very supportive, but yes they did not document the case properly.
karuna jadhav
From India, Mumbai
Dear All,
I have seen all the comments in this thread. Frankly the employee has been cornered and is at the receiving end. She must rightfully receive the Experience Letter for the continuous period. After considering all the prevalent rules, she must receive it. She was eligible for maternity benefit also.
Regards
S B Panicker
From India, Nasik
I have seen all the comments in this thread. Frankly the employee has been cornered and is at the receiving end. She must rightfully receive the Experience Letter for the continuous period. After considering all the prevalent rules, she must receive it. She was eligible for maternity benefit also.
Regards
S B Panicker
From India, Nasik
Dear friends,
The HR erred in not regularising the so called 'maternity leave' with due process. And now after allowing her to leave the talk of past service or no service is being deliberated is yet another error. I believe a formal relieving letter is already issued to her and F & F settlement,excepting gratuity is made out. Sympathy is one thing and compliance of office procedure is another thing. I think the HR shouldn't mull with what hasnot been done at the right time. It's too late.
From India, Bangalore
The HR erred in not regularising the so called 'maternity leave' with due process. And now after allowing her to leave the talk of past service or no service is being deliberated is yet another error. I believe a formal relieving letter is already issued to her and F & F settlement,excepting gratuity is made out. Sympathy is one thing and compliance of office procedure is another thing. I think the HR shouldn't mull with what hasnot been done at the right time. It's too late.
From India, Bangalore
Hello Karuna Jadhav
You have said that the employer did not document the case properly.Then it does not lie in his mouth to deny the employee the experience certificate for the whole period of her tenure.A man cannot be allowed to take benfit of his own wrong.
B.Saikumar
From India, Mumbai
You have said that the employer did not document the case properly.Then it does not lie in his mouth to deny the employee the experience certificate for the whole period of her tenure.A man cannot be allowed to take benfit of his own wrong.
B.Saikumar
From India, Mumbai
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Relieving & Experience Letter.doc