Dear all, I have a quick question. In my organization, one employee has quit the position by serving a very short notice of one day. Now, he is asking for a relieving letter. Surprisingly, he never received an appointment letter from HR; he only has the Letter of Intent. When we inform him that he won't receive the relieving letter as he didn't serve the 30 days' notice as per the agreement, he argues that it was never provided to him.
Best Course of Action
In this scenario, what is the best course of action? Do we need to issue a relieving letter? What strategy can we implement here?
Thanks
Attribution: [CiteHR Human Resource Management Community Knowledgebase - View Profile: RinkiRoy](https://www.citehr.com/member.php?u=2864059#ixzz3CKE77zgJ)
From India, New Delhi
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1Best Course of Action
In this scenario, what is the best course of action? Do we need to issue a relieving letter? What strategy can we implement here?
Thanks
Attribution: [CiteHR Human Resource Management Community Knowledgebase - View Profile: RinkiRoy](https://www.citehr.com/member.php?u=2864059#ixzz3CKE77zgJ)
From India, New Delhi
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1. It is the responsibility of HR to complete the joining formalities of employees.
2. It is better to issue the relieving letter because you don't have any agreement signed by the employee that states the notice period clause.
From India, Mumbai
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2. It is better to issue the relieving letter because you don't have any agreement signed by the employee that states the notice period clause.
From India, Mumbai
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In your case, it seems the mistake is from the HR department. It is the prime responsibility of the HR department to issue an offer/appointment letter stating complete clauses for the probation period, notice period, termination, relieving, code of conduct, disciplinary issues, CTC details, perks and benefits, leave-related rules, asset damages, company's data leakages, etc., so that at the time of joining, the employee can be aware of the same. Since in your case, there are no written documents for the same, you cannot argue with the employee to serve the notice period.
It is better to issue a relieving letter to that employee, learn from this case, and issue appointment letters to all existing employees who have not received one yet. Don't allow any employees to join the company without an offer/appointment letter.
From India, Surat
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It is better to issue a relieving letter to that employee, learn from this case, and issue appointment letters to all existing employees who have not received one yet. Don't allow any employees to join the company without an offer/appointment letter.
From India, Surat
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Unfortunately, I recently joined the system and found out that the person didn't sign any employment contract. Therefore, I am seeking your kind guidance. I appreciate your kind help and am thankful for your valuable advice.
Thanks & Regards,
Rinki
From India, New Delhi
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Thanks & Regards,
Rinki
From India, New Delhi
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Kindly provide the employee with the relieving letter and close the formalities on a good note. The missing papers from HR might be HR's fault, perhaps due to someone before us or ourselves.
Steps to Improve HR Documentation
Take this as a stepping stone. Go through your entire files and check which employees have not been given the appointment letters, confirmation letters, and any other necessary documentation. Complete the paper documentation, prepare your department with all the necessary paperwork, and prevent any employee from exploiting gaps in your HR systems.
Both the management and the employees will appreciate your commitment and dedication to your work.
Regards,
Ashutosh Thakre
From India, Mumbai
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Steps to Improve HR Documentation
Take this as a stepping stone. Go through your entire files and check which employees have not been given the appointment letters, confirmation letters, and any other necessary documentation. Complete the paper documentation, prepare your department with all the necessary paperwork, and prevent any employee from exploiting gaps in your HR systems.
Both the management and the employees will appreciate your commitment and dedication to your work.
Regards,
Ashutosh Thakre
From India, Mumbai
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Whenever an employee joins the company, HR conducts induction and orientation programs. During these programs, an appointment letter and other transactions such as bonds and service agreements (including the acceptance of all terms and conditions) are required to be handled by HR. In this case, the mistake belongs to you. Please provide a relieving letter to that candidate and consider improving your HR policies in your company, as this is mandatory for every organization.
Thank you.
Regards
From India, Hyderabad
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Thank you.
Regards
From India, Hyderabad
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You are, in one way, indicating that the appointment order has not been issued to the employee. This is evident that you have not completed the joining formalities as part of the responsibilities of HR. In this case, since you have not issued the appointment order, you cannot demand the notice period. Until and unless you specify the terms and conditions of service rules, which are signed by an employee as a token of acceptance of your offer, you have no right to ask the employee. It is advised to relieve him from duty by accepting his resignation letter and issuing a letter of acceptance in the interest of both sides. This is a lesson for you to be cautious in the future in handling HR joining formalities.
Regards,
Adoni Suguresh
Senior Executive (Personnel, Administration & Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
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Regards,
Adoni Suguresh
Senior Executive (Personnel, Administration & Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
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HR Manual (Employee Hand Book).doc