I just wanted to know in what scenarios an employer can deny giving an experience or a relieving letter to someone who is working for more than 4 years.
Please cover all the scenarios if possible and if not, please consider the below one to discuss.
As per MODEL STANDING ORDERS ON ADDITIONAL ITEMS
APPLICABLE TO ALL INDUSTRIES, a letter should be issued in any scenario whether it is termination, discharge or resignation..
What if a pvt ltd company asks any of its emplyee to leave due to performance issue but please consider no warning letter has been issued And company is planing the performance improvement plan and it is clear that company preparing grounds to get rid of the employee which cannot be proved on paper.
So would this employee be getting all what anyone usually gets while leaving an org. Such as exit/experience letter.
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
Hr And Training Professional
AnonymousUnder no circumstances can an employer deny an experience certificate, because an experience certificate is a statement of fact that an employee has worked in an Organisation for a stated period. A relieving order can only be denied, if an employee has not handed over charge to an assigned employee and has not been relieved from the service of the company. But, in case an employee is denied entry into the office or work spot, then he is deemed to have been relieved. It is in the employer's interest to issue a relieving order, the moment a seoerated employee is relieved, since, the employee is deemed to be on the rolls of the company, till such time he is officially relieved from the services of the company.
From Indonesia, Jakarta
Its in employer interest to issue reliving or termination letter to the employee. it will be used as safeguard stick against any legal action to be taken by an employee. (specially if the employee is covered under min. wages). Please don't forget to take acknowledgement from the employee. If he / she refuses to do so, then email him in PDF format.
In case of absconding, the employer is required to send letter by registered post on employee residence. after sending three letter, the employer is legally free to post termination letter to employee
But in no case, whatsoever, the employer is bound to provide relieving letter, if the employee is working on payroll. Its employee legal right
I am not clear about the answer you have given :
In what way is an relieving or termination letter a safeguard to an employer ? In fact, it is likely to be used against the employer where (as in this case), there is actually no grounds for the termination.
what do you mean by "specially if the employee is covered under min. wages". Every employee is covered under minimum wages.
Your last statement "But in no case, whatsoever, the employer is bound to provide relieving letter, if the employee is working on payroll. Its employee legal right" seem to be incorrect.
And lastly, the querry was about experience letter not termination / relieving letter.
From India, Mumbai