Saswatabanerjee
Partner - Risk Management
Pvenu1953@gmail.com
Retired Government Servant/advocate
Arvindsingh
Psychometrics, Competency Mapping, Spss,
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Ashutosh Thakre
Hr Professional
Malikjs
Gm (hr)
+2 Others

Thread Started by #ejazhr

We have clause in Appointment letter " 1 month notice period from either side"
Can we add other clause stating the consequences in case notice period is not served?? like no remaining payment and no experience letter etc.??
Please suggest.
Regards,
HR
31st August 2015 From India, Mumbai
Appointment letter is one of our company reputation letter and you can not mentioned in it any legal clauses. You can just recover your notice period basic + da amount nothing more.
31st August 2015 From India, Kolkata
is it mean that we can recover 1 month notice pay only but we have to give him/her experience / reliving letter, in spite of not serving notice period by employee?
31st August 2015 From India, Mumbai
According to me, you are not under any obligation to give an experience letter or a relieving letter to any employee who has not served the notice period. Both under the labour laws and under the contract act, it is not necessary.

However, some state shop and establishment act require that service certificate be given. You need to see the wording of the sections. In many of them the wording is such that it allows you to hold it back unless the employee has also completed his side of the bargain.

No one who is on the wrong side of the law can legally force you to give the certificate.

About payment of balances, you are required to give the wages due after adjusting any amount of notice pay. And this notice pay is not only basic and DA but gross including all allowances that he would get if he was working during that notice period. You can not adjust more than the notice pay.

Also check the standing orders applicable to you. It may have some specific provisions applicable to such a case.
31st August 2015 From India, Mumbai
I think there's a bit of dichotomy in the remarks of Nathrao & Nilesh about the mention reg not issuing Experience / Relieving Letters in the HR Policies.
In so many threads by employees who wanted ways to abscond or avoid serving Notice periods, all of us keep insisting that there's no way they can avoid serving the notice period IF they want their Docs.
And here we are mentioning that it's illegal to mention that clearly in the HR Policy.
There ought to be some way out for HR to preempt such situations in the first place.
Rgds,
TS
1st September 2015 From India, Hyderabad
There appears to be much inchoate notions regarding the conditions of employment that could be imposed through a contract. First of all, terms of agreement confers only rights and no powers, even if the Government happens to be party to the contract. Hence there cannot be unilateral enforcement; if the other does not comply with the requirements of the contract, the remedy lies in decree from the court or award in arbitration.
The terms and conditions of a contract or a similar instrument do not have the force of law of a statute. Hence the conditions cannot invoked to deny, deprive or curtail the ordinary rights of a person unless there is a statute that sanctions it.
Getting the experience certificate for service rendered is the ordinary right of a past employee. The employer cannot deny or deprive the certificate for collateral considerations. Such an action may amount to steamrolling the rights of the person concerned..
1st September 2015 From India, Kochi
May like to see following link https://www.citehr.com/533445-amendm...ce-period.html

2nd September 2015 From India, New Delhi
One can safely do the following:- As the law makes its complusary to give the experience letter, why not mention in the releving an dthe experience letter that the reason for employee leaving is resignation and he has not serverd his notice period as per the agreement in the appointment letter.
No employee would like to have this remark in his letters.
Regards,
Ashutosh Thakre
3rd September 2015 From India, Mumbai
Hello, I have a doubt, if the employee is not willing to serve the notice period and is willing to pay his one month salary, that time we have to give experience certificate to him right?
7th September 2015 From India, Bangalore
Dear Experience certificate is Right of every employee given vide certified standing orders/model standing orders applicable to all establishments.Regarding notice pay as both parties
are required to give notice as mentioned in appointment letter or in lieu of that.it means give the one month notice or pay in lieu of that.whether to deduct/pay basic+DA or full salary ,it is a part of your practice because it is give and take policy.if you pay on full salary than you will deduct on full salary.
7th September 2015 From India, Delhi
Dear all,
thanks to all for reply.
Now I have added clause related to not serving notice period is as such:
In case you have resigned from the services of the company without giving proper notice, the company will recover salary in lieu of notice from you; moreover we may be forced to mention this anomaly in your relieving letter & Service Certificate.
But on this my managements view is that we should not issue any relieving letter or service certificate to such employee else everyone will do such act of not serving notice. We should have a strong action against him/her.
So seniors please give me your valuable suggestion. Can we hold employee's experience certificate and relieving letter just because he/she has not served notice period?????
23rd September 2015 From India, Mumbai
They are asking me where it is written that even employee doesn’t serve notice period we have to issue relieving letter/ experience certificate???
23rd September 2015 From India, Mumbai
I agree with the requirement your management has.
Go ahead and put it very clearly in the appointment letter : in case you do not complete your notice period, you will not be entitled to relieving letter or experience certificate. In addition, we will initiate legal proceedings against you for recovery of the notice pay and any direct losses caused by your failure to complete the notice period.
If the situation actually arises, go ahead and deny the reliving letter and experience certificate. But make it very clear to the management that if the employee goes to the labour commissioner or the court (very few will actually do that) we may be forced to give the experience certificate. However this is only for shop and establishment not factory, and if required in the state laws. Also note what you need to give is a service record not actually experience certificate. As I have stated it before, read your standing orders and the shop act in your state.

24th September 2015 From India, Mumbai
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