Dear all,
thanks to all for reply.
Now I have added clause related to not serving notice period is as such:
In case you have resigned from the services of the company without giving proper notice, the company will recover salary in lieu of notice from you; moreover we may be forced to mention this anomaly in your relieving letter & Service Certificate.
But on this my managements view is that we should not issue any relieving letter or service certificate to such employee else everyone will do such act of not serving notice. We should have a strong action against him/her.
So seniors please give me your valuable suggestion. Can we hold employee's experience certificate and relieving letter just because he/she has not served notice period?????
From India, Mumbai
1thanks to all for reply.
Now I have added clause related to not serving notice period is as such:
In case you have resigned from the services of the company without giving proper notice, the company will recover salary in lieu of notice from you; moreover we may be forced to mention this anomaly in your relieving letter & Service Certificate.
But on this my managements view is that we should not issue any relieving letter or service certificate to such employee else everyone will do such act of not serving notice. We should have a strong action against him/her.
So seniors please give me your valuable suggestion. Can we hold employee's experience certificate and relieving letter just because he/she has not served notice period?????
From India, Mumbai
They are asking me where it is written that even employee doesn’t serve notice period we have to issue relieving letter/ experience certificate???
From India, Mumbai
From India, Mumbai
I agree with the requirement your management has.
Go ahead and put it very clearly in the appointment letter : in case you do not complete your notice period, you will not be entitled to relieving letter or experience certificate. In addition, we will initiate legal proceedings against you for recovery of the notice pay and any direct losses caused by your failure to complete the notice period.
If the situation actually arises, go ahead and deny the reliving letter and experience certificate. But make it very clear to the management that if the employee goes to the labour commissioner or the court (very few will actually do that) we may be forced to give the experience certificate. However this is only for shop and establishment not factory, and if required in the state laws. Also note what you need to give is a service record not actually experience certificate. As I have stated it before, read your standing orders and the shop act in your state.
From India, Mumbai
Go ahead and put it very clearly in the appointment letter : in case you do not complete your notice period, you will not be entitled to relieving letter or experience certificate. In addition, we will initiate legal proceedings against you for recovery of the notice pay and any direct losses caused by your failure to complete the notice period.
If the situation actually arises, go ahead and deny the reliving letter and experience certificate. But make it very clear to the management that if the employee goes to the labour commissioner or the court (very few will actually do that) we may be forced to give the experience certificate. However this is only for shop and establishment not factory, and if required in the state laws. Also note what you need to give is a service record not actually experience certificate. As I have stated it before, read your standing orders and the shop act in your state.
From India, Mumbai
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