ashfaquetech
1

Dear All HR Gurus,
Two days back one of our employees gave his resignation . I wanted to issue him the relieving letter. So that can be a help to him but my immediate boss stopped me issuing that letter by saying it may have legal implication. So please make me clear about its impact. I have recently joined .
valuable suggestions are appreciated.
Ashfaque

From India, Gurgaon
malikjs
167

Dear
issuing a relieving letter is must as per provisions of standing order.u pls refer your standing orders where it has clearly menioned to issue experience letter /relieving letter.there is no legal implications.
tks
j s malik

From India, Delhi
htdesai
25

Hi,
Once the relievig letter is issued , it means the employee has completed all exit formalities and company do no have any objection to relieve him / her. So if the exit formalities are not completed , letter should be issued after completing the same to be on safer side. Because the particular employee can get a job on the basis of Relieving letter, but where as that enmployee may have some work pending for handover, or he owes money to the previous company etc. In such situation company legally can do very less against the employee.

From India, Mumbai
nvraovskp
55

Dear Friend Ashfaque

As per service rules or standing orders of any organization, the resigned employee is entitled for relieving letter. If you accept the resignation of any of your employee after following the due procedure, then you have to get no dues certificate from other department like finance, time office, hr and concerned department where the employee works etc, before settlement of his final accounts. If once you get the said certificate and found that there is no due from the employee you have to prepare his final bill and also he is entitled to get service certificate and relieving certificate.

If your immediate boss is telling you that there may be legal problem to issue relieving letter, then ask him on what account? if his explanation is not satisfactory to you then go to your MD and tell him the consequences if not issuing the relieving letter to the resigned employee.

In some of the organizations neither appointment letters nor service or relieving letters etc are being issued to their employees. In such a case, to avoid legal complications the employers are not willing to issue any relieving certificates to their left employees with a fear to face legal claims etc in the hands of such ex-employees. If your organization also doing the similar thing, then what your immediate boss is telling is correct. Because no officer of the organization is expected to disobey the instructions of the MD.

In such a case, pl follow the instructions of your immediate boss

NVRao
Hyderabad

I

From India, Hyderabad
Taru kaur
11

Hi Ashfaque
Please read appointment terms before moving further. If exit formalities are completed as per appointment terms then there is no legal implication in terms of issuing relieving letter.
Though i suggest, just talk to your immediate boss and convince him. If he does not, follow what he says.
With regards,
Taru

From India, New Delhi
ashfaquetech
1

Thank You HR Gurus,
For your valuable suggestions.Really it is agreat help to me.But my question is where from I can get the Standing order Act.And one of my querry is If I hire an employee to whom I donot isuue any appointment letter b'coz we pay him less,So won't this be unethical / illegal.please guide me.
With Regards,
Ashfaque

From India, Gurgaon
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.