Can Employers Deny Experience Letters for Performance Issues Without Warning? Let's Discuss Scenarios

Hi everyone, I just wanted to know in what scenarios an employer can deny giving an experience or a relieving letter to someone who has been working for more than 4 years. Please cover all the scenarios if possible and if not, please consider the one below for discussion.

Issuance of Letters as per Model Standing Orders

As per the Model Standing Orders on Additional Items Applicable to All Industries, a letter should be issued in any scenario, whether it is termination, discharge, or resignation.

Scenario: Performance Issues Without Warning

What if a private limited company asks any of its employees to leave due to performance issues without issuing a warning letter? The company is planning a performance improvement plan, and it is evident that the company is preparing grounds to terminate the employee, which cannot be proven on paper.

Would this employee receive all the typical documentation one usually gets when leaving an organization, such as an exit/experience letter?

Issuance of Experience and Relieving Certificates

Under no circumstances can an employer deny an experience certificate because an experience certificate is a statement of fact that an employee has worked in an organization for a stated period. A relieving order can only be denied if an employee has not handed over charge to an assigned employee and has not been relieved from the service of the company. However, if an employee is denied entry into the office or work spot, then he is deemed to have been relieved. It is in the employer's interest to issue a relieving order the moment a separated employee is relieved since the employee is deemed to be on the rolls of the company until officially relieved from the services of the company.

Issuing Relieving or Termination Letters

It is in the employer's interest to issue a relieving or termination letter to the employee. This serves as a safeguard against any legal action that may be taken by an employee, especially if the employee is covered under minimum wages. Please don't forget to obtain acknowledgment from the employee. If he/she refuses to do so, then email the letter in PDF format.

In the case of absconding, the employer is required to send the letter by registered post to the employee's residence. After sending three letters, the employer is legally free to post the termination letter to the employee.

However, under no circumstances is the employer bound to provide a relieving letter if the employee is working on the payroll. It's the employee's legal right.

Regards,
Neelima
HR

I am not clear about the answer you have given: In what way is a relieving or termination letter a safeguard to an employer? In fact, it is likely to be used against the employer where (as in this case), there are actually no grounds for the termination.

What do you mean by "especially if the employee is covered under minimum wages"? Every employee is covered under minimum wages.

Your last statement, "But in no case, whatsoever, the employer is bound to provide a relieving letter if the employee is working on payroll. It's the employee's legal right," seems to be incorrect.

And lastly, the query was about an experience letter, not a termination/relieving letter.