One of my friends recently quit his job after serving a 2-month notice period. However, the employer took all his handover documents the day after the notice period ended. The employer is now saying that the handover was not proper, and he must provide a proper handover before receiving his relieving and experience letters. According to employment rules, all these processes should have been completed during the notice period, which they failed to do. Now, they are refusing to provide any letters without a proper handover. What should he do in this case?
From India, Mumbai
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From India, Mumbai
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Issuance of Relieving Order and Experience Letter
Merely because the handover was done after the notice period was over cannot be the reason for non-issuance of the Relieving Order and Experience Letter. Stress the fact that the employee did not delay the handover; in fact, the employee was eager to complete the handover process, but the organization showed no interest. By delaying the handover, it is the organization that has benefited, as the employee had to continue working at full capacity until the handover process was completed.
These are poor excuses, but perhaps the employee has no choice but to request the relevant authorities to issue the Relieving Order and Experience Certificate.
From India, Mumbai
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1593Merely because the handover was done after the notice period was over cannot be the reason for non-issuance of the Relieving Order and Experience Letter. Stress the fact that the employee did not delay the handover; in fact, the employee was eager to complete the handover process, but the organization showed no interest. By delaying the handover, it is the organization that has benefited, as the employee had to continue working at full capacity until the handover process was completed.
These are poor excuses, but perhaps the employee has no choice but to request the relevant authorities to issue the Relieving Order and Experience Certificate.
From India, Mumbai
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Dear Mestriprasad01,
If the employer says that the handover was not "proper," then what was the purpose of the notice period? The notice period provides the opportunity for replacement planning. Issues like this arise when there is no proper "Policy on Employee Handing/Taking Over." The employer should have considered how to maintain operational continuity and how the handover should occur.
In your post, you have not mentioned the role of the HOD in the handing/taking over process. Why did he/she not provide proper guidance to the resigning employee?
This is also a failure of the HR department. Once the employee submits the letter of resignation, his/her Last Working Day (LWD) is known. Therefore, they should have guided the resigning employee on whom to hand over the charge of his/her duties, when to hand over, how to hand over, and what precautions need to be observed while handing over. However, the problem with HR personnel is that they are often so focused on employee engagement activities or the emotional well-being of employees that these routine tasks take a backseat.
Nevertheless, the blame cannot be solely placed on top leadership, the HOD, or the HR Department. The resigning employee could have sought clarification on the handover/takeover process. It appears that he/she did not do so.
Therefore, there seems to be a lack of communication from all sides.
Now, the solution to resolve this issue is for your friend to approach his/her former company and find out what exactly was not "proper" in the handover. Regardless, your friend needs an unblemished "Service-cum-Employment Certificate." To achieve this, some compromise is essential. Advise him/her that the employer always holds the upper hand, and expecting equality with them is unrealistic. At this stage, let him/her remain low-key, accept the situation, and move on.
Nevertheless, many employers want the employee to leave smoothly. However, if the employer deliberately created problems during separation, then the situation needs to be handled differently.
By the way, instead of approaching this forum through you, why didn't your friend ask the question directly? It is always better to know the facts from the first person.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employer says that the handover was not "proper," then what was the purpose of the notice period? The notice period provides the opportunity for replacement planning. Issues like this arise when there is no proper "Policy on Employee Handing/Taking Over." The employer should have considered how to maintain operational continuity and how the handover should occur.
In your post, you have not mentioned the role of the HOD in the handing/taking over process. Why did he/she not provide proper guidance to the resigning employee?
This is also a failure of the HR department. Once the employee submits the letter of resignation, his/her Last Working Day (LWD) is known. Therefore, they should have guided the resigning employee on whom to hand over the charge of his/her duties, when to hand over, how to hand over, and what precautions need to be observed while handing over. However, the problem with HR personnel is that they are often so focused on employee engagement activities or the emotional well-being of employees that these routine tasks take a backseat.
Nevertheless, the blame cannot be solely placed on top leadership, the HOD, or the HR Department. The resigning employee could have sought clarification on the handover/takeover process. It appears that he/she did not do so.
Therefore, there seems to be a lack of communication from all sides.
Now, the solution to resolve this issue is for your friend to approach his/her former company and find out what exactly was not "proper" in the handover. Regardless, your friend needs an unblemished "Service-cum-Employment Certificate." To achieve this, some compromise is essential. Advise him/her that the employer always holds the upper hand, and expecting equality with them is unrealistic. At this stage, let him/her remain low-key, accept the situation, and move on.
Nevertheless, many employers want the employee to leave smoothly. However, if the employer deliberately created problems during separation, then the situation needs to be handled differently.
By the way, instead of approaching this forum through you, why didn't your friend ask the question directly? It is always better to know the facts from the first person.
Thanks,
Dinesh Divekar
From India, Bangalore
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Employer is saying that whatever work you have done in notice period has to be work then and only then I willl give you reliving letter and experience letter otherwise not.
From India, Mumbai
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From India, Mumbai
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Dear Mestriprasad01,
Proof of Handover
What proof do you have available that the handover of the items has occurred? The handover can be completed at any time before the end of the notice period or the employee's release. A document is prepared listing the materials in your possession that have been received by the person selected by management. Both the giver and the receiver sign it, and each retains a copy. Do you have that copy? If you do not, then write a letter specifying the day, date, and the person to whom you handed over the items so that everything is completed on your end and you can be relieved soon.
Addressing HR Issues
It appears that the HR department is mistreating employees who are leaving the company. You should address this with the HR head and propose a solution. If things do not go as you wish, you may need to consider taking legal action.
From India, Mumbai
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Proof of Handover
What proof do you have available that the handover of the items has occurred? The handover can be completed at any time before the end of the notice period or the employee's release. A document is prepared listing the materials in your possession that have been received by the person selected by management. Both the giver and the receiver sign it, and each retains a copy. Do you have that copy? If you do not, then write a letter specifying the day, date, and the person to whom you handed over the items so that everything is completed on your end and you can be relieved soon.
Addressing HR Issues
It appears that the HR department is mistreating employees who are leaving the company. You should address this with the HR head and propose a solution. If things do not go as you wish, you may need to consider taking legal action.
From India, Mumbai
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Notice Period Extension Letter Format.doc