Dear Seniors
Want your Opnion on below
Is it ok if company decides not to issue Reliving Letter cum Experience Letter to those who have absconded from their Service or Who have left the organisation without serving the notice period i.e . they just informed that they are leaving the organisation and from very next day they stop reporting to work.

From India, Mumbai
Mahr
468

Head - Human Resources
Neha,
Yes, in general practice many organizations will not issue relieving or experience letter to those employees who have absconded without serving their notice period. Apart from those, those who have absconded will not come in to collect their papers as well.

From India, Bangalore
Cite Contribution
1853

Community Manager
Dear Neha,
What do you communicate to the employee when they resign ?
In addition to what Mahr had contributed, here's my request. Please issue a letter to the candidate and courier it to their address, stating that they have stopped reporting to work, Hence, might need to conform to the exit formalities for a clearance. If they are supposed to serve a notice period, please mention it. Maintain one copy to that letter in the employee file.
They may not respond right when you write to them. However, when they join an organisation where the Experience certificate would be required, they would revert , for sure. At that point of time, this letter would remain your point of reference for further actions.
Infact during their background verification, it will remain your point of reference, till they clear their exit formalities. This letter remains a proof, that they absconded.

From India, Mumbai
Dear Seniors Thanks for your above guidance. Is it ok even if the same practice mentioned in my initial post be followed irrespective of whether those employees are confirmed or on probation.
From India, Mumbai
Ashishjobseeker
6

Senior HR & Admin Officer & Entrpreneur
Dear Neha,
Company is not going to entertain any further communication to them who has left/absconding without any prior intimation to the HR department for their relieving or experience letter, because they have not given time to the company to fill the gap which can incur loss to the comapany.

From India, New Delhi
Dear Seniors,
As you rightly said HR has to post a letter to employee for their exit formalities.
Please clear my doubt.
One of my friend resigned from his position and resignation is accepted on the same day when he submitted his resignation letter. He is having 90 days of notice period and he asked his employer to relive him after 30 days. He informed his employer that he is ready to pay the amount in lieu of his notice period. This clause is also mentioned in his appointment letter. But the employer is not ready to relieve him and they want him to serve 90 days. He is having 71 PL also.
What the employee has to do to collect his Relieving letter & experience certificate. Kindly guide

From India, Delhi
nk44iyer
1

Service
Yes the Co is also right generally the relieving letter is to acknowledge that the employee being relieved also has completed all formalities as per process which cant be said in case of an absconder
From India, Mumbai
What if an employees served for one month and informed the management that he is not coming for the duty from next day and he is ready to pay the amount in lieu of his notice period
From India, Delhi
Cite Contribution
1853

Community Manager
The employee needs to put this in writing and mail it to HR. If there’s a genuine reason, that can be considered for an early release, HR will effect the same
From India, Mumbai
NavneetSarin
94

Tax & Labor Law Advocate
In aforesaid circumstances the general reaction from most of the companies is similar but actually Company has to take decision for each and every case on it's merits.

An employee who has given proper letter with at least one month time to Company to search for substitute and is ready to buy the balance notice period or barter it with the PL credits must be considered sympathetically and given a formal relieving letter and settlement of accounts.

On other hand an employee who just send resignation in the evening of salary day informing the company that he won't be coming from next day. In this case instead of holding just relieving letter, HR must start disciplinary actions with immediate effect by issuing him show cause notice/Charge sheet and instructing the employee to appear before the Disciplinary committee to explain why disciplinary action should not be initiated against him. As it's for sure that either the employee will fail to turn up or will fail to justify his action. In both cases it's proved that employee has committed Gross Misconduct and his services are liable to be terminated.

Then Company is free to sack this employee and must sent letter of termination mentioning clearly the reason for this action by registered post to the permanent address of absconding employee along with the recovery notice if any.

Once this formality is completed Company is free to remove said employee's name from it's role of employees and in case any verification inquiry is received for said employee Company is free to reply as per records.

On your second query please understand the terms of Notice period are applicable just to confirmed employees and employees who are on probation can leave the Company or can be sacked without any notice and that depends on mutual understanding.

I hope I am clear enough to sort out your queries.

With best wishes.

From India, Delhi

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