Senior Employee Resigned Abruptly: Should We Change the Relieving Letter Date?

Dear Seniors, I have a candidate who resigned from the company because he was not able to handle the responsibilities assigned to him. Please note that he is a very senior-level employee. He resigned abruptly on 9th Oct 2013, and now he has emailed saying, "Don't give me salary but give me a relieving letter dated 30th Nov 2013." Kindly advise.

Regards,
ABC

The information you have provided is not enough to give an answer. Please provide all details and background to enable members to give a proper answer. More specifically:

- Has he served notice?
- Has he done a proper handover?
- What is the stand the management is taking? Do they want to pay him or give a relieving letter?

Following the line of thought rightly initiated by the earlier comment, I recommend considering the following:

1. Is the gentleman resigning over a dispute/disagreement?
2. Is Management UNWILLING to issue a relieving letter for valid and justifiable reasons?
3. Is it in the domain of HR to make a decision on this matter?

Further, let us not overlook the FACT that a "Relieving Letter" has NO legal status in the scheme of things, and IF the receiving employer WAIVES the demand for a relieving letter, there is NOTHING the present employer can do about it! From your query, it does not appear to be a case of separation owing to financial irregularities or violations of secrecy terms. If it is, then you must state so in the query. In the absence of that, I feel it could be an ego clash or a dispute/disagreement that has remained unresolved as the parties may have taken a hard and rigid stance! Whatever the case may be, non-issuance of a relieving letter has only temporary utility. And assuming, before acceptance, the employee withdraws his resignation (and he has a legal right to do so), what would be the company's response to the new situation?

Why be difficult about this and such matters?

Find out the authenticity of the matter and dissolve the issue by issuing the relieving letter. I stand corrected if the facts are different/more serious than what is stated in your query!

Regards,
Samvedan

October 11, 2013

Also curious: He left on the 9th, just after receiving his salary. He was waiting for his salary before quitting. So, what is the salary he is willing to forego for getting a backdated relieving letter?

The Importance of Issuing a Relieving Letter

It is in the organization's interest to issue the relieving letter, lest he masquerades as an employee even after separation. Legally, the organization does not have any relief for the acts committed as an employee since "legally" he is still employed with the organization until he is relieved and also communicated that he has been relieved. He can even demand a salary until such time he is relieved, and the company is bound to pay.

Many organizations do not realize the consequences of this and just keep harassing the employee for his legally due documents. They do not realize that the time, energy, and cost of harassing an employee are unproductive, and they are not in the business of harassing an employee. Why leave a bad taste and make them negative ambassadors? Just issue the relieving order and be done with it.

First, "he was not able to handle the responsibilities handed over to him," what does that mean? I would take from your statement that he just resigned and left without serving the notice period. In that case, his relieving is not completed/done with your company, and he would not be eligible for a relieving letter. Again, I would appreciate it if you could answer what our fellow member Saswatabanerjee had requested. That would help us suggest to you much better.

Regards,
[Username]

Case Facts:

1. The employee was at a very senior-level position - GM / AVP / VP / ...
2. He left abruptly, meaning he neither gave any notice nor served the notice period.
3. He quit with immediate effect on 9th Oct 2013.
4. He is now asking for a relieving letter dated 30th Nov 2013.

Suggestions:

1. There can't be a different set of rules and regulations for entry, medium, or top-level employees. Especially in the case of top management, these should be carefully followed because HR can't set a wrong example in front of all other employees. Consult your MD or CEO and let them decide whether to break or bend the rules.

2. As per the clauses in the appointment letter, you can ask him or her to either serve the notice period or deposit the notice pay, or both if the notice period is greater than a month, or adjust it against privileged or earned leaves.

3. Don't issue a post-dated relieving letter. By doing so, you would be creating a false record of that person, which may or may not attract legal complications in the future, causing your company a wastage of time, money, and reputation. It is unethical as well.

4. Think rationally. That person left your organization without considering the chaos this situation would have created. So, don't be emotional towards him or her. Just follow the rules, and everything will fall into place.

Regards,
Satyajit