PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Hr, Legal Compliance & Er-ir
Recruitment, Training And Development, Performance
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
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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.
From India, Madras
Good After Noon:-P!!!
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.
From India, New Delhi
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.
From India, Bangalore
Raj Kumar HansdahMy 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.
From India, Delhi
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
From India, Hyderabad
sanusomanSorry ! Mr.Rajkumar, right to employment and livelihood is not a fundamental right even after 62 years of independence!. Regards, Sanu Soman
From India, Madras
Vasant NairRaj has give you the best possible answer. Just follow what he has stated...a very practical and correct approach. Vasant Nair HR Advisor
From India, Mumbai
Raj Kumar HansdahDear Sanusoman
Thanks for your input, I agree that "right to employment and livelihood is not a fundamental right even after 62 years of independence! " as it does not find a place in the Part II of the Constitution of India (Article 12 to Article 35).
Perhaps rightly so, as it would put the onus on the State to provide employment and livelihood to every citizen.
However, I meant it specifically in the context of "a Indian citizen has a Fundamental Right to employment and livelihood in any corner of the country" thereby meaning any company and any employer.
Art. 19 - Right to certain freedoms, ensures it.
Art. 23 - Prohibits forced/bonded labour.
In any case; please consider my statement in an emotional and humanistic context.
Dear Mr. Vasant Nair - Thank you for your opinion.
Hope the discussions have been helpful to you.
I understand that, next you"ll need to convince your superior/boss, which you can do so now.
You already have the copies of Offer letter and current salary slip; which obviate the need of an experience letter.
Since you need an early joining, you can not expect the prospective employee to provide a Relieving letter. It is not required, if you are convinced (upon some documentary evidence) of the person having tendered his/her resignation.
Regarding some expressing apprehension about potential action by ex-employer; generally it does not happen; and you should not lose a good resource by being "hypochondriac" because a prospective employer can not be held responsible for any act of employee with his former employer. It is the employee, and employee alone, who shall be held responsible (if at all).
Nevertheless, if your company is "paranoid", then ask the person to produce an Indemnity Bond (on non-judicial stamp paper of Rs. 50/100), so that your company remains legally immune in case of any such action by ex-employer.
Note : The above holds true for recruiting white-collar employees. In case of blue-collar employees, especially technical manpower like crane-operators, machinist, electrician or any trades-man, it is better and convenient to seek Experience Certificate, especially if one is not conducting any Trade Test for assessment.
Hope you will find the above, helpful in solving your query.
From India, Delhi
Please can you guide me on this, that if the person is not on the company pay roll, so the employer is not provide the salary certificate but than also can he get the experience certificate and relieving letter from the current employer.
From India, Ahmadabad