Employee Relieving Letter Issue: How Should HR Handle Missing Records and Absconding Cases?

Employee Relieving Letter Issue

An employee whose Last Working Day (LWD) was August 28, 2015, is now claiming that he has not received a relieving letter to date. He states that he resigned and left on the same day, indicating that he did not serve the mandatory notice period. Such cases are considered absconding cases in our organization. I am unable to find any old correspondences related to this case. Furthermore, his reporting boss has also transitioned to another organization.

Request for Advice

Please advise on how to respond to him. Additionally, how long should HR maintain records of employees who have left the company?

Thank you.

You may check my reply to a similar query given in the past. Click the following link: https://www.citehr.com/457085-employ...ml#post2045789

Record Maintenance Issues

Your problem is not the retention of the records per se. Your problem is not maintaining the proper records. If the employee had abandoned the duties or left without serving the notice period, then why was the office note not preserved in the employee file? Secondly, if the employee had left without proper notice, then what kind of correspondence did your company have with the employee, and if correspondence was conducted, were the hard copies preserved for future records?

Thanks,

Dinesh Divekar

I joined in 2017. I agree with your point. The company was very small back then, and some records were not maintained properly. That is why I am seeking clarification now on how to resolve this issue. There is a limitation act applicable to all documents. Hence, I want to know the period up to which we need to maintain records.

You may scan all the pages of the employee file. The soft copy can be preserved for any number of years. It can remain on the hard disk of the computer for any number of years.

Thanks,

Dinesh Divekar

The Industrial Disputes Act of 1947

The Industrial Disputes Act of 1947, as it originally stood, had no limitation, but the amendment act of 2010 imposed a three-year limitation period. The effect of the amendment is that any workman who has been discharged, dismissed, retrenched, or terminated as specified in sub-section (1) of Section 2A may make an application directly to the Labour Court or Tribunal for adjudication of his individual dispute after 45 days from the date he applied to the conciliation officer of the appropriate Government for conciliation of the dispute.

Time Limit for Application

Sub-Section (3) of Section 2A establishes the time limit for making such an application to the Labour Court or Tribunal. It stipulates that the application to the Labour Court or Tribunal for adjudication of the dispute must be submitted within three years from the date of discharge, dismissal, retrenchment, or other termination of service as specified in sub-Section (1). Therefore, it is advisable to retain physical records for a period of five years.

Record Retention Policy

From a legal standpoint, it would be prudent to have a defined policy on record retention and also a specific protocol for the destruction of records.