hbvkrishna
2

Entrepreneur
My Company is registered under Karnataka State S&E Act. A Proprietorship Concern.

Employee who was an Academic Counselor by designation, reigned by sending a resignation letter through email. I asked the employee to serve notice period or pay two months salary (Rs.15,000/-pm salary) as per the employment letter given (this was a oral discussion). Since employee said she was going for marriage, I did not insist on Notice Pay. On humanitarian grounds, I signed on the resignation letter as " relieved with immediate effect" (hard copy) and gave it to her.

Later, in 2-3 days, I came to know she had told lies. I responded to her resignation letter on email with the point of contention and finally mentioned that as part of relieving, we wish her all the best. For this, she also responded back with her point of contention & mentioned thanks for opportunity given etc., With this, the topic got closed (document attached)

After 10 days, she came back and told me she will complete the Notice Period of 60 days. Once again, on humanitarian grounds, I agreed. But, she worked for around 40 days and again disappeared. This time, she just disappeared.

After 5 months, now she has gone to police station filing a case, saying that I have not given her the relieving letter and am harassing her. Later, I have produced both the email, on police advice, I have put the stamp & signature on the emails. This was handed over to that lady through police.

Now she says that, since proper letter on Letter Head of the Company stating all the details like date of joining, date of resignation etc., she is filing a case on me, saying that, I am harassing her by not giving the relieving letter on my Company Letter Head.

Can any one guide me properly on this topic. I need advice & tips to handle this case.

From India, Bangalore

Attached Files
File Type: docx Example.docx (14.2 KB, 445 views)

Madhu.T.K
3459

Industrial Relations and Labour Laws
In such instances it is not the Police who should interfere but the Lbour department authorities are the appropriate persons to intervene and sort out the issue and it is due to the employee's (ex employee) sheer lack of common sense that she lodged a police compliant on such matter. Any way, if she is so adamant that she requires a letter in the company letter head, you may give it but it should be a service cum relieving certificate showcasing the entire story similar to one stated below.

"This is to certify that Ms......had worked in this establishment from (date of joining) to (date of leaving) as (designation)

She was relieved from service on ...(first date of relieving) following her resignation dated ...(date of resignation) and on her request to waive notice period. But later on (date on which she agreed to serve 2 months notice period) she was allowed to continue in service on her own request and interest to serve the notice period. But she abandoned the job with effect from (date from which she remained absent, ie, after 40 days of rejoining) On ..(.date on she was finally relieved) she was relieved formally when she made a complaint before the Inspector of Police of the local Police Station even though a misconduct sufficient to initiate a disciplinary action was pending against her."

The above certificate should be final and let it be in company letter head. Employees have lots of rights under various labour Acts especially Industrial Disputes Act but no employee has any right to ask the employer to give a fine/ good certificate about his service. Moreover, in reference enquiry you can certainly put your above points.

Regards,

Madhu.T.K

From India, Kannur
Anita P Panicker
125

Sr Hr Executive
Hi,
What Mr. Madhu meant by "in your reference enquiry you may certainly put your above points"
when people take up new job's people do callup old organization for reference check ie take feedback from old companies about the employees performance and behavior, that time you can state the fact.
Regards
Anita

From India, Mumbai
Hi hbvkrishna,
Do agree with Madhus view. You should prepare a case history ans also keep the emails for your reference in the employee file.
Also you issue her a letter on company letter head stating the reasons for reliving as actual dates, including her date of resignation and also the notice period served.

From India, Mumbai
Dear Mr Krishna,
The document uploaded by you is pretty clear and will stand by you in any court of law.
As far as the relieving letter on letter head is concerned, you may give it if you desire, or withold it till she pays for the notice period not served. Its pretty legal.
You can let her file a case and ask your lawyer to file for claiming the notice period pay for the period not served. After she pays for the notice period not served, you can issue the relieving letter on your letter head.
Manoj

From India, Delhi
Madhu.T.K
3459

Industrial Relations and Labour Laws
I have a different opinion about issuing relieving letter. You may issue it as detailed by me in my earlier post and do not insist her to pay the notice pay, because in the court (if it goes out of our control) 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. Therefore, I think do not make the issue more complected by stopping the relieving order and asking her to pay the notice pay but just ask her to come and collect the letter. Please remember that the relieving letter is a letter issued by the employer and the employer can narrate everything about the performance of the employee and it is not that it should be a clean one free from all history of nuisances one has done during his service.

Madhu.T.K

From India, Kannur
hbvkrishna
2

Entrepreneur
I have been debating on this topic and I do find that Mr. Madhu’s advice is more strategic as well as with in the frame work of Compliance.
From India, Bangalore
hbvkrishna
2

Entrepreneur
However, one of my friends informed me that there is a Supreme Court Judgement saying that the relieving letter and service certificate should be with out negative remarks in case of resignation. retirement, termination. Is this true? Can any one throw some light on this please..
From India, Bangalore
[email protected]
2

accounts manager
Dear Seniors Can service letter where employer mentioned date of joining and date of resign be treated as relive letter? Pl revart
From India, Hubli
hbvkrishna
2

Entrepreneur
In simple understanding - The relieving letter states formally that your resignation is accepted and have been relieved from the services. However, the experience letter is a letter that states precise DoJ and DoR along with what kind of experience you have, wether the company have been happy about you etc.which is issued on completion of your employment contractual obligations.
From India, Bangalore

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