I have not come across with any Supreme Court verdict which says that there should not be any negative comments about an employee in his service certificate. I shall be glad if any body could share the same so that we can go through the judgement in details and come to a conclusion. Any way, I don't think that the employer's right of giving a bad remarks about a bad employee will be challenged. If an employer is not to give any negative remarks then why don't there be any common format for service certificate or what is the significance of a service certificate ?
Madhu.T.K
From India, Kannur
4193Madhu.T.K
From India, Kannur
[QUOTE=Madhu.T.K;2034649 "that may prove against the organisation since an employer is not expected to demand notice pay as there is nothing in any labour law which permits an employer to demand notice pay or makes an employee/ workman to give notice pay if he wants to leave the organisation though an employer is bound to give notice or notice pay if he wants to terminate or retrench an employee. It is a well settled law that nothing in the appointment order which is against the prevailing laws will be maintainable."
In this case the employee will be termed as a non workmen and governed by the contract between the company and the employee.
From India, Delhi
In this case the employee will be termed as a non workmen and governed by the contract between the company and the employee.
From India, Delhi
No, non workmen will be governed by the contract of employment whereas workmen are governed by either certified Standing Orders and or Industrial Disputes Act. ID Act does not say anything about employee's obligation to serve notice or pay notice pay and a contract of employment which has negative covenants or some thing which is against the law is void.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hi,
Experience letter will contain DOJ, DOL Designation of employee etc., On resignation you cannot brand employee is bad. Fact remains that you hired employee for certain period since employee is good or required for you. You cannot write any wrong information without holding proper Domestic inquiry and proving guilt. Employee or any person has right to prove that they are innocent of charges.
By writing something wrong about employee, please note we are unnecessarily spoiling employee's career and creating unemployment. A good employer will not spoil somebody's life.
From India, Bangalore
Experience letter will contain DOJ, DOL Designation of employee etc., On resignation you cannot brand employee is bad. Fact remains that you hired employee for certain period since employee is good or required for you. You cannot write any wrong information without holding proper Domestic inquiry and proving guilt. Employee or any person has right to prove that they are innocent of charges.
By writing something wrong about employee, please note we are unnecessarily spoiling employee's career and creating unemployment. A good employer will not spoil somebody's life.
From India, Bangalore
Mr.Madhu - Take our case it self. Employee is a part of proprietorship concern (Karnataka State S&E Act), is drawing salary above 14K pm with incentives.
In that case,
1. Such employee falls under the ID Act?
2. Can the employee considered as Work Man under ID Act, while the designation & job description is of Sales / Marketing Officer/Executive in a private enterprise.
From India, Bangalore
In that case,
1. Such employee falls under the ID Act?
2. Can the employee considered as Work Man under ID Act, while the designation & job description is of Sales / Marketing Officer/Executive in a private enterprise.
From India, Bangalore
Mr. Krishna,
Facts are clear, undisputed and simple.
It looks that you gave email stamped in the presence of Police, but employee demands such letter on the letter head.
The demand of employee seems to genuine and prospective employer demand such letters on letter head. Hope company don't loose anything by giving such letter. If you deny, it will demotivate other employee's who are working with you. Meet these simple requirements and close the issue instead of worrying or further complicating.
From India, Bangalore
Facts are clear, undisputed and simple.
It looks that you gave email stamped in the presence of Police, but employee demands such letter on the letter head.
The demand of employee seems to genuine and prospective employer demand such letters on letter head. Hope company don't loose anything by giving such letter. If you deny, it will demotivate other employee's who are working with you. Meet these simple requirements and close the issue instead of worrying or further complicating.
From India, Bangalore
Mr. Krishna,
Employee go to third party (Police or Labour Dept.) if the issue not settled. It looks there is some problem in handling this employee. It is better to sort issue within rather allow third party to enter.
From India, Bangalore
Employee go to third party (Police or Labour Dept.) if the issue not settled. It looks there is some problem in handling this employee. It is better to sort issue within rather allow third party to enter.
From India, Bangalore
Mr. Chandrashekar - my question was different.
"No, non workmen will be governed by the contract of employment whereas workmen are governed by either certified Standing Orders and or Industrial Disputes Act. ID Act does not say anything about employee's obligation to serve notice or pay notice pay and a contract of employment which has negative covenants or some thing which is against the law is void"
Employee is a part of proprietorship concern (Karnataka State S&E Act), is drawing salary above 14K pm with incentives.
In that case,
1. Such employee falls under the ID Act?
2. Can the employee considered as Work Man under ID Act, while the designation & job description is of Sales / Marketing Officer/Executive in a private enterprise.
From India, Bangalore
"No, non workmen will be governed by the contract of employment whereas workmen are governed by either certified Standing Orders and or Industrial Disputes Act. ID Act does not say anything about employee's obligation to serve notice or pay notice pay and a contract of employment which has negative covenants or some thing which is against the law is void"
Employee is a part of proprietorship concern (Karnataka State S&E Act), is drawing salary above 14K pm with incentives.
In that case,
1. Such employee falls under the ID Act?
2. Can the employee considered as Work Man under ID Act, while the designation & job description is of Sales / Marketing Officer/Executive in a private enterprise.
From India, Bangalore
Mr. Krishna,
1) If the appointment order insist on Notice period, deduct such notice period payments.
2) To issue relieving letter ID Act, definition of Work Man etc., is irrelevant. It is give and take and no act comes in your way if you are fair.
3) Sales / Marketing Officer/Executive in a private enterprise may be covered depending upon nature of work they do.
From India, Bangalore
1) If the appointment order insist on Notice period, deduct such notice period payments.
2) To issue relieving letter ID Act, definition of Work Man etc., is irrelevant. It is give and take and no act comes in your way if you are fair.
3) Sales / Marketing Officer/Executive in a private enterprise may be covered depending upon nature of work they do.
From India, Bangalore
It is not the salary or the designation that the employee carries which decides whether an employee falls under supervisory category or not but it is the functional responsibilities. As such, an employee who may be a manager by designation but having no functional authority to approve leave of his subordinates, appraise the performance of his subordinates or initiate disciplinary action against his subordinates shall be a workman.
I thing we are deviating much from the main topic and there is no relevance to notice pay and whether we should demand the notice pay from the employee or not is not the main discussion but whether we should give relieving letter and service certificate to the employee who has done so much damage to the company and its officials. You you go through my posting you must understand that I am a strong supporter of employees and I used to write for their protection always but this is unfair from an employee and that cannot be tolerated at all. I stand to my point that it should be the prerogative of the employer to write facts about the employee in a service certificate and the employee has no right to demand that he should be given a fair certificate. If so the meaning of service certificate itself will have to be scrapped.
Madhu.T.K
From India, Kannur
I thing we are deviating much from the main topic and there is no relevance to notice pay and whether we should demand the notice pay from the employee or not is not the main discussion but whether we should give relieving letter and service certificate to the employee who has done so much damage to the company and its officials. You you go through my posting you must understand that I am a strong supporter of employees and I used to write for their protection always but this is unfair from an employee and that cannot be tolerated at all. I stand to my point that it should be the prerogative of the employer to write facts about the employee in a service certificate and the employee has no right to demand that he should be given a fair certificate. If so the meaning of service certificate itself will have to be scrapped.
Madhu.T.K
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
How to Handle an Employee Resignation.doc