Its time for the thread starter to reply. After receiving solution from almost all angles we expect some input from your end too.
What does your company mean by FORMAL & INFORMAL RESIGNATION!!
If the INFORMAL RESIGNATION is one where the employee does not fulfill notice period it is NEVER a resignation. It is a case of ABSCONDING. In such a case where does the question of issuing EXPERIENCE LETTER come??
If employee serves partial notice period it is mutually agreed & hence we it is considered as FORMAL RESIGNATION. In such case why is it that you need to mention SHORT NOTICE in experience certificate??
Kindly clarify the same.
From India, Ahmedabad
204What does your company mean by FORMAL & INFORMAL RESIGNATION!!
If the INFORMAL RESIGNATION is one where the employee does not fulfill notice period it is NEVER a resignation. It is a case of ABSCONDING. In such a case where does the question of issuing EXPERIENCE LETTER come??
If employee serves partial notice period it is mutually agreed & hence we it is considered as FORMAL RESIGNATION. In such case why is it that you need to mention SHORT NOTICE in experience certificate??
Kindly clarify the same.
From India, Ahmedabad
Dear All,
Thankyou so much for your valuable suggestions & guidance..Yes, I understand that we cannot retain anybody once they wish to quit and join other firm. As Sri. Hiral Mehta said, if there are better ways to solve the issue, Pls share with us.
regards
sreedevi
From India, Thiruvananthapuram
Thankyou so much for your valuable suggestions & guidance..Yes, I understand that we cannot retain anybody once they wish to quit and join other firm. As Sri. Hiral Mehta said, if there are better ways to solve the issue, Pls share with us.
regards
sreedevi
From India, Thiruvananthapuram
Hai,
We dont issue exp letter for absconders. If the employee serves partial notice period which is not mutually agrees, and if he insists to relieve him at the earliest, what should be the letter.
regards
From India, Thiruvananthapuram
We dont issue exp letter for absconders. If the employee serves partial notice period which is not mutually agrees, and if he insists to relieve him at the earliest, what should be the letter.
regards
From India, Thiruvananthapuram
Ha, If the employee serves partial notice period, and if it is not mutually agreed, then how should be the letter. regards
From India, Thiruvananthapuram
From India, Thiruvananthapuram
If the partial notice is not mutually agreed, where is the question of issuing a letter. You can issue a letter saying
" We have received your letter dated.... requesting you to be relieved with effecct from........ As per the letter dated... you should give........ days notice and this falls short by ( so many number of days) from such notice period.
OPTION 1
Hence you are hereby informed that you will be relieved only effective ( date) as per the terms of appointment
OPTION 2
Hence you are informed that you will be relieved only from ( date) and if you do not serve the remaining notice period, notice pay for the remaining period will be recovered from you."
I would like to mention here that if he does not come from the date he has specified, Management can not treat as absconding from service though some might take this stand.
The issue here is fulfilling terms and conditions regarding notice period. If the letter says, he can resign by giving one month's notice or one months notice pay, then courts will look at whether he has fulfilled these conditions. Assume a situation where an employee attaches a cheque for the notice pay along with the resignation letter, then it can be inferred that he has fulfilled the condition. Similarly here is an employee gives partial notice, serves that period and then does not come, I would say that the Management has not acted on time. His money is with you and he knows that you can recover the Notice period wages from his dues
Just ask yourself the following questions:
1. Has he given you intimation?
2. Has he paid the Notice pay?
3. Can you recover the Notice Pay from his dues?
If the answer is yes to all, then you can not treat this as absconding
If you stiull want to issue a letter, you can mention the facts and issue a letter. Mention that he requested for getting relieved earlier and it was not agreed, He then did not come from the said date onwards Hence it is presumed that his notuce period falls short and recovery for the days is being made.
T Sivasankaran
From India, Chennai
" We have received your letter dated.... requesting you to be relieved with effecct from........ As per the letter dated... you should give........ days notice and this falls short by ( so many number of days) from such notice period.
OPTION 1
Hence you are hereby informed that you will be relieved only effective ( date) as per the terms of appointment
OPTION 2
Hence you are informed that you will be relieved only from ( date) and if you do not serve the remaining notice period, notice pay for the remaining period will be recovered from you."
I would like to mention here that if he does not come from the date he has specified, Management can not treat as absconding from service though some might take this stand.
The issue here is fulfilling terms and conditions regarding notice period. If the letter says, he can resign by giving one month's notice or one months notice pay, then courts will look at whether he has fulfilled these conditions. Assume a situation where an employee attaches a cheque for the notice pay along with the resignation letter, then it can be inferred that he has fulfilled the condition. Similarly here is an employee gives partial notice, serves that period and then does not come, I would say that the Management has not acted on time. His money is with you and he knows that you can recover the Notice period wages from his dues
Just ask yourself the following questions:
1. Has he given you intimation?
2. Has he paid the Notice pay?
3. Can you recover the Notice Pay from his dues?
If the answer is yes to all, then you can not treat this as absconding
If you stiull want to issue a letter, you can mention the facts and issue a letter. Mention that he requested for getting relieved earlier and it was not agreed, He then did not come from the said date onwards Hence it is presumed that his notuce period falls short and recovery for the days is being made.
T Sivasankaran
From India, Chennai
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Relieving & Experience Letter.doc