Ryan
89

Dear Kumarpvss,
That would not be a very professional behaviour.
It would only show that the organization is being petty minded. And there is really no need to spoil someone's career like that. It could have a serious effect on the person's professional and personal life.
This is what I had learnt from my superiors when I was starting out in HR.
any views from others?
Regards,
Ryan

From India, Mumbai
kiran_p
1

hi Ryan,
I agree. I have just thrown that for discussion i.e., even when we really feel that he/she is not upto mark, we cannot say it so for various reasons.
The same thing happened to me when one accountant resigned and absconded for 2 months, got job some where and asked for relieving. He came with a support of a familiar local one whom we cannot discount.
We relieved him as usual, but when I gave him service certificate I just said he worked during so and so and we found him good at work - that I really feel so. But, I did not say any thing else and did not say routine good at conduct... so on. Doing so, i am honest in certifying, at the same time he is also happy since it says he is good at work and not touching the remaining part!

From India, Bhubaneswar
Ryan
89

Hi Kumarpvss,
Your action is good. I have seen a format of letter which would, in this case would simply certify dates of joining / leaving and designation. There would a line wishing the employee all the best in future, no comment on the work during the tenure with the organization.
There are some organizations who give this letter to all departing employees without differentiation. Interesting policy right?
Regards
Ryan

From India, Mumbai
santosh.peopledomain
Hi,
As per my knowledge you should issue experience letter to that particular person.If you issue him experience letter he 'll be grateful to you and your organization.
Cheers,
Santosh
Branch Manager,
9912107600.


Anupama Saini
5

Ryan, I totally agree with you.No ex employee should be given a leter which may spoil thier future career prospects. Regards, Anu
From India, Calcutta
sapsd.fan
Dear All,
I'm working as HR Head for a organisation and right now facing a issue as mentioned below .
A guy worked for our organisation for 4 years and subsequently left due to some differences with management.
As per job agreement he has to give 2 week notice or salary in lieu of that.
He sent across email abt. his resignation to his boss and subsequently stopped coming to office.
We dont gave him all his dues applicable along with Form 16 but his experience/service letter??
Now that guy is asking for experience letter and saying that if he is not given that in a fothnight then he will follow legal recourse for same.
My question are :
1. Are we bound to give him experience letter ?
2. Can we avoid giving him so ?
3. If he goes legal than on what grounds we can defend ourselves ?
Thanks
Kapil


vamsidhar
2

Hi,
If you have mentioned in offer letter about notice period and if employee accepted the same then you can aske him to serve the notice period as said by our folks.
Until and unless his behaviour is unethical while exiting from the company, you can consider his resignation and give him experience letter.
With regards
Vamsi R

From India, Hyderabad
khyat
6

u shd give the experience letter..............C what will happen is that if u dont give him the experioence letter , he will tell it to every1 he meets abd also in his new orgn. and this will only create a bad image of ur co
From India, Khopoli
Vijay Raj Singh
Dear All,
Thanks for views.
I had a chance to discuss this matter with company lawyer and as per his view we have a very weak case and if that guys goes legal then he can even sue/claim for harrasment also.
Following is the excerpt from "CONTRACT LABOUR(REGULARATION & ABOLITION) ACT,1970 & THE RULES" :
Chapter: Registers and Records and Collection of Statistics
Section 77: Service certificateOn termination of employment for any reason what-soever the contractor shall issue to the workman whose services have been terminated a service certificate in Form XV. (Rules 75, 76 and 77 )
For violation of the provisions of Act or the Rules, imprisonment of 3
Months or fine upto Rs.1000. On continuing contravention, additional fine upto Rs.100 per day
.
We have decided not to pursue this matter further.
Thanks for your help.
Vijay Raj Singh

From India
Anup Singh Birhman
Hi vijay,
You are not legally bound to issue any exprience letter provided ur company should not have any standing order or policy in written in this regard.
otherwise also u can very well defend yourself that individual performence was far below our company's standards, any certificate issued to him is likely to tarnish the image of our company. due this reason certificate or letter could not be issued him.
Once everthing is cleared, then why to stop letter? is it just ego of someone or really he did any harm to organisation?
thanx
Anup

From India, Delhi
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