Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Nathrao
Insolvency N Gst Professional

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Anonymous
I have received a mail from an ex-employee requesting for a Non Objection Certificate. He has given a detailed description as to why he needs the same which is acceptable but later on i realised that the attached document in which the matter is written is an exact replica of company's letterhead, which is not at all acceptable. Kindly provide me a solution for the same as to how should i handle this situation, as he is not part of the company anymore.
From India, Jaipur
First of all, ask the employee from where he managed the company letter head.
Initially discuss his requirement and discreetly in between the conversation discreetly find out where he got company letter head or whether it is lying in his PC etc.
Tell the employee(ex) that using company letterhead in any way by him is legally incorrect and he should desist from doing so and return any letter head back to company.
Chances of misuse are there, but then there is little one can do about it.
Misuse of letter head, putting fake signatures of company officials etc will be criminal offences.

From India, Pune
Dear Anonymous,
You have received mail from ex-employee and his requirement of NOC. In this mail, he has elaborated as ro why he needs NOC. But then did he prepare draft of NOC and sent as attachment? If yes, then it could be his overzealousness or impudence. He could be ignorant on the rules as to who are authorised to use the company's letterhead.
If he were to be unscrupulous, then he could have forged signature on a forged letterhead. Why has he used the letterhead but stopped there itself?
Yes, you may seek clarification from him, understand what was the need to use the letterhead and then take a judicious call. Withholding issue of NOC could jeopardise his career. Indiscretion cannot be retaliated with indiscretion from our side too.
Thanks,
Dinesh Divekar

From India, Bangalore
Anonymous
NOC is for his Mobile number only. Yes i also think that it was done in ignorance but a person having 7-8 years of experience can also do this? its just surprising. i am not planing to take any actions just wanted to know what will be the best way to take this forward and also what legal implications the situation has.
From India, Jaipur
Give the NOC clearly mentioning that it is for mobile number only. Using letter head in the draft which he sent to you is not a serious issue. Ignore it.
From India, Delhi
While treating the continued use of office stationary beyond retirement as an innocent mistake and issuing him the NOC, I think you also need to tell him in clear terms to desist from using it any further since it amounts to misrepresentation and fraud with the company. People may not return the office stationery and other small office articles like stapler etc but using the letter head or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and calling for legal action. The legal option, of course is to publish a short advertisement in some newspapers that such and such employee is no longer in your service and hence does not represent your company any longer. In a worst case you can prosecute him for fraud and dishonesty.
From India, Mumbai
""People may not return the office stationery and other small office articles like stapler etc but using the letter head or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and calling for legal action.""
What learned KKHR has stated is correct.
Do not ignore use of letterhead or similar format, but leave it after asking clearly to desist using such formats which could give an impression that the ex employee has taken away company stationery.
Probably the ex employee had no bad intention otherwise he would have been more careful in using the letter head while writing to company itself, neverthless ex employee should be told - Stop using our letter head.

From India, Pune
Using letter head or any other official stationery by employees on their own and seeking/ asking signatures on the same from authorized person is wrong and illegal.He should apply for his need of NOC to the concerned office,and Office in turn will either approve or reject the application based on the reasons stated for the NOC.
Here the matter is totally different,considering even if it is ignorance,it requires proper inquiry into the matter and appropriate action.Company policies on this kind of issues be made clear to one and all.
Anything That goes on paper becomes the proof so due care is required to be taken.

From India, Vadodara
""i realised that the attached document in which the matter is written is an exact replica of company's letterhead""
Bijoy,
The person has used a replica of company letter head asking for NOC.
Probably he has made a draft NOC for the company to sign.

From India, Pune
Sir,Thanks for your reply. Greetings of the republic day to you and all the members on the forum.
I have replied in general and as regards to the case in specific the appropriate line of action has been suggested by you and other members too.
I just would like to say that if any employee of company needs anything like this or want to avail any privilege,their has to be a process of application to be submitted to appropriate authority and follow the channel of approval and sanctions.
The is no need to Draft anything before hand,it is the office work what to write and how to write in the Noc.
However ,if it is to be considered( replica or xyz draft etc)in good faith, I believe the practice is otherwise wrong.

From India, Vadodara

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