Termination after resignation - terminated just because he was, again and again, asking for experience letter

Hello Anonymous,

Further to what Dikshit & Saswata Banerjee suggested/mentioned, I can see ONLY ONE way your friend can handle this situation.

Just ask him to BUY PEACE with his Company--whatever it may take to do it.

The reason is simple, straight & practical: If he pushes for a Termination Letter, he is only effecting his long-term career prospects. Obviously some reason(s) will have to be mentioned in the Letter....surely none in favor of your friend.

All he would have is a 'piece of paper' that he can't really use.

And surely he can't expect a formal Relieving Letter....after what happened. The only way I can see is to rejoin the Company back.....but that too would have it's own set of downside consequences.

And finally, pl ask him to learn for this experience--DON'T ASSUME WHAT OTHERS DO OR DON'T DO.

And most often, even in cases where Notice Period Buy-out is possible, the employee CAN'T take it for granted. It's a 2-way street for a solution to any such situation. Hope you get the point.

Rgds,

TS

The matter has been discussed with finesse by members...

If the employee is unable to handle on his own he may seek help from seasoned employees/trade union leadrs/Labor Law Consultant....and the matter may resolve with their skills..

1. Termination Letter:

Since harsh email {or stinker(s)} have been issued, the company may/may not effect Termination Simplicitor....

If company issues a reason in termination letter then it may become stigmatic termination and company and concerned line managers/HRS personnel/employer personally can become accountable and responsible...

Even if company issues termination simplicitor in reply to demand notice or in court it may state reason/allegations.....that shall have to be proved.

The termination May be bad termination.

2. Notice Period may not necessarily be more than 30 days in his case....

Notice Period/pay is part of service conditions that are governed by various enactment/statue/instrument of law... applicable to establishment and employee....and is equitable....E.g. Standing Orders, Shops and Commercial Establishment Act....

Appointment Letter is a private agreement created by employer and signed with employee....

No private agreement can overrule an enactment /statue/ instrument of law....

If employer can terminate without notice ( with notice pay in lieu of notice period) then so can employee....

If employer effecting termination without notice does not arrange next employment for terminated employee then the employee also does not arrange/or wait for replacement and completion of tasks etc....

3. Service Certificate: Has to be issued to all employees.

In case of termination it has to be issued on last day in office along with payment of FnF wages....

4. Relieving Letter: signifies nothing is pending....

If employer has resorted to termination (after resignation in this case) then it had endorsed nothing is pending....

Moreover in this case since employee has resigned and has stated to provide notice pay in lieu of notice period employer had enough time to arrange for handover/exit formalities..

5. Resignation: can be without permission and notice....

Employer can ask for notice pay that is permissible upto ad stated in enactment applicable to establishment...

Beyond that it may be void.

6. Stinkers: Employee should have reprepliedd built favorable written record.

Now the employee should proceed tactfully and carefully...

Even if he trades termination with resignation/apology letter....The adverse comments inserted in personnel file May fetch negative feed back in BGV and loss of next employment.

Hence the employee shoul weigh all pros and cons and tread careful ly.