Can a Company Legally Hold Your Relieving Letter if You Skip the Notice Period?

Hi,

Please tell me if an employee leaves the organization without serving the notice period mentioned in his appointment letter, or without getting permission from his superior about it, is it possible for the company to hold his relieving letter and experience certificate?

Somebody told me that legally none of the companies can hold back these papers; they have to give them to the employee when the notice period is over, even if he has not served the notice period. Is it true? Please give me your views.

Richa
Bangalore

Hi Richa,

Employers can hold back the relieving and experience certificate of the employee who does not serve his full notice period. Many companies follow or at least have a policy in place to enforce this.

In India, there is no law that mandates the employer to provide these certificates. If the employee has not adhered to the organization's policies, the company can withhold the documents. However, the employee can still demonstrate his experience by providing payslips, PF statements, etc., which are government statutory requirements that companies adhere to, and the new company accepting the employee agrees to it.

As many companies insist only on previous employment records, the employee can obtain these from the organization that has hired him. Therefore, it is in the organization's best interest to require at least the past two employment relieving and experience letters to ensure the employee's credentials are clear.

Regards,
Chandramouli

Hi Chandramauli,

I am a member. Can you please tell me how to calculate the earned leaves/paid leaves to be settled for employees who leave the organization? We have a policy that states for 1 year of service, an employee will accrue 14 earned leaves. They will be able to use them only after completing 1 year.

For example, if an employee serves the company for 1 year and 10 months and then leaves, what should be the settlement for earned leaves in terms of days of pay?

Regards,
Haritha

Hi Haritha,

In your case, the employee should get a total of 14 + 12 = 26 earned leaves. The first 14 leaves are for serving one year as per the rule in your company, and the next 12 leaves are for serving a 10-month period (which he will receive next year).

I believe you may find this solution helpful.

Thanks,
Sadhana

Hi,

I need a small clarification regarding PL settlement. If an employee resigns from the company, is it necessary to deduct ESI, PF, and PT in the settlement for PL?

Umesh

I need clarification on this. An employee is willing to pay compensation for his notice period, but the company is still not relieving him. Can the employee, though not serving the notice period as per his employment agreement, claim the experience certificate and relieving order after the actual notice period in backdated? Is that legally valid? And if the employer doesn't wish to provide it, what legal formalities can the employee pursue to obtain the experience certificate and relieving letter?