One of my friends has recently quit his job by serving his 2 months notice period. But the employer has taken his all handover the next day at the notice period end. The employer is saying now that your handover is not proper so first give handover properly and then you can get your relieving letter and experience letter. But according to employment rules, all this process has to be done in the notice period. Which they haven't taken. And now they're refusing to give any letters without proper handover. So what's should he do in this case.
From India, Mumbai
KK!HR
1153

Merely because the handover was done after the notice period was over cannot be made the reason for non-issue of Relieving Order and Experience Letter. Stress on the fact that the employee didn't delay the handover, indeed the employee was wanting to complete the handover process but the organisation wasn't interested. In fact, by delaying the hand over it is only the organisation that has benefitted as the employee had to continue to work full-fledged till the handover process was completed.
These are lame excuses but probably the employee has no option but to beseech the authorities concerned to issue the Relieving Order and Experience Certificate.

From India, Mumbai
Dear Mestriprasad01,

If the employer says that the handover was not "proper" then what was the purpose of the notice period? The notice period gives the legroom for the replacement planning. The issues like this crop up when there is no proper "Policy on Employee Handing/Taking Over". The employer should have been thoughtful on how to maintain the operational continuity and to do how the handing over should take place.

In your post, you have not written anything on the role of HOD in handing/taking over. Why did he/she not give proper guidance to the resigning employee?

This is the failure of the HR department too. Once the employee submits the letter of resignation, his/her Last Working Day (LWD) is well-known. Therefore, they should have guided the resigning employee to whom to hand over the charge of his/her duties, when to hand over, how to hand over, what precautions needed to be observed while handing over and so on. But then the problem of HR personnel is that they are so obsessed with employee engagement activities or the emotional wellbeing of the employees that these routine things take a backseat in their scheme of things.

Nevertheless, the blame cannot be laid at the doorstep of top leadership or HOD or the HR Department. The resigning employee could have sought clarification on the process handover/takeover. It appears that he/she did not do that.

Therefore, there appears to be non-communication from all sides.

Now the solution to come out of this fiasco is to let your friend approach his/her former company and find out what exactly was not "proper" while handing over the charge. Come what may your friend needs an unblemished "Service-cum-Employment Certificate". To acquire some compromise is essential. Tell him/her that the employer always enjoys the whip hand and expecting parity with them is a pipe dream. At this stage, let him/her lie low and accept the subordination and move on.

Nevertheless, many employers want the employee to move out smoothly. However, if creating the problems while separation was deliberate by the employer then things needed to be handled separately.

By the way, instead of approaching this forum directly, why has your friend routed the query through you? He/she could have approached this forum directly. Knowing the facts from the first person is always better.

Thanks,

Dinesh Divekar

From India, Bangalore
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
Dear Mestriprasad01,

What is the proof available with you that handed over of the things happened? The handed over can be done at any period prior to end of notice period or relive of employee. A document is prepared mentioning the list of materials with your possession have been received by the person chosen by the management, the giver and receiver both signed on it and each retain a copy. Is that copy with you? If it is not with you then write a letter mentioning the day, date and the person to whom you have handed over the things so there is nothing pending on your part and you need to be relived soon.

It is viewed that HR department is harassing people leaving the company. You need to discuss with the HR head and give a solution to you. If things not happened in your way you may have to choose legal way.

From India, Mumbai

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