Anonymous
I'm an employer. My employee resigned from the company and sent a resignation mail. As per the company policy I requested him to serve the notice period of 1 month. The same was mentioned in the resignation acceptance mail. But after sending the resignation mail, he didn't do office work(WFH) nor he attended any calls from our side.


After 15 days, he asked for relieving letter, when questioned about why he is not serving notice period, he threatened that he will give company property only when we give him the relieving letter. He had company's computer, desk and chair. After several calls and heated discussion, he finally gave the company property. During these discussions he was ill mannered and bad mouthed about the company.

Is it mandatory to give him the relieving and experience letter in this case? Can we include this bad experience in the relieving letter.

Note: he is skillful at his job but the attitude towards the company was not right.

From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Drsivaglobalhr
Doctor Siva Global Hr
SPKR
Consultant Trainer In Insurance, Adviser
HROne
Content Marketing Strategist
+1 Other

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Dinesh Divekar
7615

Dear member,

It may be noted that the behaviour of the employee and the issue of the relieving letter (on his separation from the company) are two independent things. These cannot be clubbed together. Anyway, paragraph-wise replies or suggestions are as below:

a) I'm an employer. My employee resigned from the company and sent a resignation mail. As per the company policy I requested him to serve the notice period of 1 month. The same was mentioned in the resignation acceptance mail. But after sending the resignation mail, he didn't do office work(WFH) nor he attended any calls from our side.

Reply: - You had mentioned serving the notice period in the resignation acceptance email. However, what about the terms of separation which are generally mentioned in the appointment letter? Conditions of the separation mentioned in the appointment letter are binding on both sides.

Secondly, if he did not complete the work allotted to him, then it becomes a matter of indiscipline. Why you did not issue a show-cause notice for not completing the assigned work? In the same show-cause notice, you could have asked for an explanation for not attending to the official calls from the company.


b) After 15 days, he asked for relieving letter, when questioned about why he is not serving notice period, he threatened that he will give company property only when we give him the relieving letter. He had company's computer, desk and chair. After several calls and heated discussion, he finally gave the company property. During these discussions he was ill mannered and bad mouthed about the company.

Reply: - It appears that the conditions of separation are not framed properly in the appointment letter. Why did he feel appropriate to ask for a relieving letter just after 15 days? What was his take?

Secondly, while issuing the company assets to an employee, did you obtain a proper receipt from him on the "Asset Allocation Form"? Have the conditions of returning the company's assets at the time of separation been mentioned in the appointment letter? The bitter incident is probably because of improper or incomplete documentation.

If you had proper documentation, you could have told him that the administration of your company reserves the right to file a police complaint about not returning the company's assets. This threat could have mellowed him down.


c) Is it mandatory to give him the relieving and experience letter in this case? Can we include this bad experience in the relieving letter.

Reply: - As explained earlier, the issue of the relieving letter and the bad behaviour of the employee are two independent things. There cannot be a trade-off between the two. For bad behaviour, your company has the right to initiate disciplinary action. However, withholding the relieving letter will nullify his tenure at your company. It could destroy his career as well. By the way, no law mandates the compulsory issue of the relieving letter. However, it is a secondary matter.

d) he is skillful at his job but the attitude towards the company was not right.

Reply: - If you knew well that his attitude about the company is not good, then you had sufficient time to avoid the bad incident at the time of separation. You could have clarified the conditions of separation well in advance to him.

Final comments: - Whether the organisation is small or big, the workplace fracas is common. Therefore, without thinking much, move on. Nevertheless, improve on your administrative practices. Improve the documentation so as to bring clarity.

About competence and adamant nature: - This is common in smaller companies. Smaller companies find it difficult to attract talent. Therefore, the employee whose performance is above average, though a duck, starts thinking that he/she is a swan among the ducks. The bigger companies have the financial muscle to arrange the replacement as early as possible. Their systems and processes are also stabilised. However, this is not the case with the smaller company. In the bargain, they have to depend more on their people than the processes. An over-smart chap takes undue advantage of this organisational weakness!

Thanks,

Dinesh Divekar

From India, Bangalore
drsivaglobalhr
300

Dear Colleague,

We are able to understand the pains from the side of employer and such incidents happens all across Industry. The " Typical Mentality" comes out from such employees when they are put into corners and when they are confident of moving out and get job elsewhere. They forget all the good done by you. It is order of the day that unlike olden days the " Loyalty' feeling and factors does not work.

There is no legal obligation under any Law to give relieving letter, unless it is mentioned in the Service Rules/ Standing Orders of your establishment. But on the other hand, if you do not relieve him, then your statutory liability will continue and you may gain more benefit at a later date. It is to be approached from "Tactful Point of view" and not on" Emotional point of view". Hence it is suggested to relieve such talents and close the doors of company from any re-hiring at a later point.

You can very well mention in his relieving order that his attitude is bad. But think, today it is an emotional mention but it will impact his life badly later and it will also give wrong signal and communication to other employees of your organization. Hence it is suggested to relieve as you received your company assets already. You may Black-list him from any future hiring in your company or in your friends Circle. Also not to hire any of his known sources in company. Simply Forget and get rid of such persons and focus on your business.

Kindly follow the Thirukkural the Worlds Best Guide to Life in Tamil by Great Saint Thirvalluvar

Thirukkural :

" To punish wrong, with kindly benefits the doers ply;
Thus shame their souls; but pass the ill unheeded by"

Meaning as you know:

The (proper) punishment to those who have done evil (to you), is to put them to shame by showing them kindness, in return and to forget both the evil and the good done on both sides.

You can demonstrate that you are a great employer in this occasion to all your other Team Members working for you.

From India, Chennai
SPKR
32

Issuing a relieving letter is a practice so that it confirms that the concerned employee is not working from the recorded date. This avoids future issues if any. Due to various legal tangles, the majority of the organisations issue an offer letter mentioning all the conditions related to employment. Only when the proposed candidate accepts the offer letter by affixing his signature, it proves that the candidate will be accepting the terms of the appointment. The terms include the notice period, returning the assets of the employer, no disclosure agreement etc. In the absence of such conditions ex-employees knowingly or unknowingly create unnecessary issues.
From India, Bangalore
rds-yadav
4

Dear sir,
I endorse all above views of learned colleagues but at the same time I would like to mention a point here. In relieving letter it is generally written that so and so has worked from-----to ------period at Designation and he has resigned and relieved on --------------.His salary at the time was-------Rs. PM. There is a notion in mind of employer or in mind of signing autority that his conduct need to be written. Dont write about his character or conduct any word and relieve him.

Regds,
RDS Yadav
Director,
Future Instt of Management and Technology, Bareilly
And
Labour Laws Adviser
NAVTARANG HR SERVICES

From India, New Delhi
HROne
13

Hello,

Well, this problem can be resolved in two ways:

Either you can be professional and give him the relieving letter
or not provide him with the letter

For the unintended, providing a relieving letter is not legally mandatory in our country.

In my opinion, you should give the letter to avoid any issues in the future. Not to forget, the employee has nothing to lose, but not providing him with the letter can impact the reputation of your organization. So, just give his relieving document and finish all formalities once and for all.

Additionally, if you decide to do the same, make sure not to include any negative remarks in the letter.

I hope this answer helps you.

From India, Noida

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