Rdsyadav
Educator, Management Consultant & Trainer
Raajesharya
Founder And Mentor @ Ethical Business Strategists
+1 Other

Thread Started by #Anonymous

Dear Seniors,
One of our Employee has submitted his resignation sighting Medical reason & Stress. though we have offered him different options like Change in Team, Change in project, 1 month Leave & even 6 months Break in Service to retain him with possible solutions yet he's firm at his decision & says he's either not gonna look for Job anywhere else.
After couple of decisions, we are still not convinced with his reasons. Anyhow we are Ok to relieve him but my manager want to issue a relieving letter with the reason of his resignation i.e He's medicaly unfit to work ( not exact words).
please give your opinion on this & share samples if any
Regards, Divya
20th February 2017 From India, Chennai
Dear Ms.Divya,
The reasons for resigning may be any--even for better prospects, but why indicate stress etc in the relieving letter ?
First it will reflect poorly on the employee that he could not cope with work pressure and secondly it will indicate that your work environment generates so much stress that employees can not handle.
Best Wishes
20th February 2017 From India, Delhi
Divya,
I do not think there is a need to quote medical reason in the Relieving Letter, unless it becomes a cause for termination on physical . The guy must have found a better job and it could be anyone in his shoes. He must be introvert and finding it hard to open up with his manager or the HR team to explain the real reason.
Unless an employee is terminated for cause it would not reflect professional on your part to record a cause in the Relieving Letter. Simply say that the employee had resigned for personal reasons and you wish him luck in his/her future endeavors.
Yes, you can always have him fill in the Exit Interview Form before departure, to protect yourself from any future litigation or defamatory statements.
Best wishes!
20th February 2017 From India, New Delhi
#Anonymous
Thats unethical and unprofessional. He can challenge it in court of law, since recently Supreme court had given a judgement stating that when an employee has resigned, the reason for leaving must be mentioned as resignation and no personal remarks can be mentioned. I do not remember the case number and the parties to the case, but I remember the content of the judgement. He has resigned. You have not terminated him. So, just mention that the reason for relieving is resignation and be done with it.
20th February 2017 From Indonesia, Jakarta
Ms. Divya,

We at times, read that immediate superiors wants HR to act beyond roles to do some thing, which will be making him or her personally liable for the action taken. I know 3-4 gentlemen, sentenced and serving imprisonment and one guy is undergoing Life term jail also. if you attempt to know, you will also knopw about them from Senior mentors around you. I suggest that reason you can write is - Resignation. Look, you are not a qualified Medical officer, just mind your role related to HR.You can not save yourself in a civil / criminal proceedings if you give any body relieving letter of medically unfit which is not at all there. You can terminate some body if he has been examined by CMO and as per his examination report if employee is not found medically fit, but certaily never without any medical examination.Even many doctors avoid and escape from their duties of giving such type of report.It is not easily obtainable. There is a panel of team and various reports are required to be validated before mentioning some body fit or unfit but should not be signed by anybody other than a Medical Officer, who has assigned duties for the purpose.There will be heavy cost, person may file a civil suit for defamation also if we as HR mention on our own.

The second most important thing is important to understand which is about professionally doing things balancing with obvious behaviors and natural supports attempted with sincere efforts for mankind .

Regds,

RDS Yadav
21st February 2017 From India, Delhi
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