Releiving letter or experience certificate not being issued by the company

Hi,
This is my first post and I hope to get the replies of all you seniors and experienced HR professionals.
I am working with a real estate development firm in Gurgaon. As our firm is not too big, so I m the only HR person here. We recently have appointed a female for accounts who earlier was working with an IT firm. I have demanded the experience certificate and the releiving letter from her. To this, she replies that since in her organisation, the notice period was for 1 months and that she is giving only 15 days notice, so her company will not provide her the experience certificate and the releiving letter. Although she has given me the duplicate copies of her offer letter, latest salary slip etc.
Now, I jst want to know if it is ok on the part of organisations to not to issue the mentioned letters because of the insufficient notice period.

looking forward for your replies.
Thanks
Richa

Dear Richa,

How can a employee ask for a experience certificate when he or she doesn't act as per the instruction mentioned in the clause of the appointment letter.

What your employee said to you is absolutely right, some companies don't issue the relieving letter if the concerned employee has not served the notice period or payed the notice period. How ever we cant blame the company for not furnishing the experience certificate since everything happens as per the clause given in the appointment letter.

But some times they do give the experience certificate with so many request and pleading made to the reporting authority.

So there is no mistake on the management side.

I agree with NISHA, you just accept what the accountant tells you and dont force for reliving letter. OK

Dear Richa,

Good After Noon!!!

you can do one thing just ask her that have to taken NOC from previous company dues on her. Previous organisation is not providing her experience & relieving certificate as she has given them 15 days notice period and might be possible notice period will be of atleast 1 month and maximum to 3 months.
If she has given 15 days notice then she have to pay the salary in lieu of notice period to the previous organisation then she will get her experience & reliveing from that organisation.

You can also do feedback check of her with previous organisation.

Your company will not face any legal implication, Her previous organisation
can take legal action her only.

Thank u so much for all ur support.

Thanks
Richa

Had posted wrongly, so deleted........................................... .................................................. .................................................. .................................................. ..

hi ,

I have just left deustche bank and it was my first job, could you suggest the format for Recommendation letter ..

Thanks.

Dear Richa,

If she has not completed relieving formalities such as serving required no. of notice period or paying for remianing days of notice period, she may not get proper release from the organization.
However, to prove her employment with previous organization, you can ask her to provide copy of resignation letter accepted by her manager or resignation letter sumitted from an official email id or bank statement to which her salary was getting credited. You can also ask for original appointment letter if required for verification. This should help in justifying her employment with the previous organization.


Regards,

Laks.

My dear friend

Experience certificate and Relieving letter are not mandatory for recruitment in Private sector companies. This isue has been discussed a number of times in this forum.

Please be sensitive and sharp enough to grasp the basic and underlying issues and act accordingly.

I have seen many companies and quite a number of professionals, who never bother about these things. That is what differentiate such organization from bureaucratic organizations led by "babus".

If you have decided to take the individual after thorough evaluation, what is the material value of a an Experience Letter ?? If not, better improve the Selection Process.

If you insist on early joining; or are convinced that the employee has actually resigned; what is the necessity of Relieving letter ?
If the previous company (say, a sub-standard, baniya company) refuses to issue a Relieving letter, then you"ll never hire the selected resource ??
If the individual has done anything wrong or is not in good terms with the previous organization, it is his problem. How do you get into liabilities connected with previous employment ??

Remember, that India is a Free country now (do not live in the age of Pre-Independence) and Bonded Labour has been abolished, and a Indian citizen has a Fundamental Right to employment and livelihood in any corner of the country.

Warm regards.

Dear Richa,

There are instances where the previous employer has sent legal notices to the new employer saying that the employee X has not complied with the norms and working with your organization and will proceed legally.
In the above context it is better to obtain the relieving letter and induct or else to come out of this type of legal implications you can obtain an undertaking from the employee that she will only responsible in the event of any legal proceedings from the previous employer and the present company is no way responsible, this could be on a notary so that you are out of all legal matters, pl discuss with your legal cell or company advocate and implement.
Thanks and regards - kameswarao