Dear Seniors,
I have a candidate who resigned from the company, since he was not able to handle the responsibilities handed over to him.
Please note that he is a very Senior level Employee.
He resigned abruptly on 9th Oct 2013 and now he has emailed and says that
Don't give me salary but give me relieving letter dated 30th Nov 2013
Kindly advice.
ABC
From India, Pune
I have a candidate who resigned from the company, since he was not able to handle the responsibilities handed over to him.
Please note that he is a very Senior level Employee.
He resigned abruptly on 9th Oct 2013 and now he has emailed and says that
Don't give me salary but give me relieving letter dated 30th Nov 2013
Kindly advice.
ABC
From India, Pune
The information you have provided is not enough to give an answer.
Please provide all details and background to enable members to give a proper answer.
More specifically,
- has he served notice ?
- has he done a proper handover ?
- what is the stand the management is taking ? Do they want to pay him or give a relieving letter ?
From India, Mumbai
2395Please provide all details and background to enable members to give a proper answer.
More specifically,
- has he served notice ?
- has he done a proper handover ?
- what is the stand the management is taking ? Do they want to pay him or give a relieving letter ?
From India, Mumbai
Hello,
Following the line of thoughts rightly initiated by earlier comment, I recommend for consideration the following.
1) Is the gentleman resigning over dispute/disagreement?
2) Is Management UNWILLING to issue relieving letter for valid and justifying reasons?
3) Is it in the domain of HR to take decision on this matter?
Further, let us not overlook the FACT that "Relieving Letter" has NO legal status in scheme of things and IF the receiving employer WAIVES the demand for a relieving letter, there is NOTHING the present employer can do about it! From your query is does not appear to be case of separation owing to financial irregularity or secrecy terms violations. If it is, then you must state so in the query. In the absence of that, I feel it could be an ego clash or a dispute/disagreement that has remained unresolved as the parties may have taken hard and rigid stance! Whatever the case may be, non issuance of a relieving letter has only a temporary utility.And assuming, before acceptance the employee withdraws his resignation (and he has a legal right to do so) what would be the company's response to the new situation?
Why be difficult about this and such matters?
Find out the authenticity about the matter and dissolve the issue by issuing the relieving letter. I stand corrected if the facts are different/more serious that what are stated in your query!
Regards
samvedan
October 11, 2013
--------------------------
From India, Pune
Following the line of thoughts rightly initiated by earlier comment, I recommend for consideration the following.
1) Is the gentleman resigning over dispute/disagreement?
2) Is Management UNWILLING to issue relieving letter for valid and justifying reasons?
3) Is it in the domain of HR to take decision on this matter?
Further, let us not overlook the FACT that "Relieving Letter" has NO legal status in scheme of things and IF the receiving employer WAIVES the demand for a relieving letter, there is NOTHING the present employer can do about it! From your query is does not appear to be case of separation owing to financial irregularity or secrecy terms violations. If it is, then you must state so in the query. In the absence of that, I feel it could be an ego clash or a dispute/disagreement that has remained unresolved as the parties may have taken hard and rigid stance! Whatever the case may be, non issuance of a relieving letter has only a temporary utility.And assuming, before acceptance the employee withdraws his resignation (and he has a legal right to do so) what would be the company's response to the new situation?
Why be difficult about this and such matters?
Find out the authenticity about the matter and dissolve the issue by issuing the relieving letter. I stand corrected if the facts are different/more serious that what are stated in your query!
Regards
samvedan
October 11, 2013
--------------------------
From India, Pune
Also curious : he left on 9th, just after salary. He was waiting for salary before quitting. So what is the salary he is willing to forego for getting a backdated relieving letter ?
From India, Mumbai
From India, Mumbai
It is in the interest of the organisation to issue the relieving letter, lest, he masquerades himself as an employee even after separation. And legally the organisation does not have any relief for the acts committed as an employee since ," legally" he is still employed with the organisation until he is relieved and also communicated that he has been relieved. He can even demand salary till such time he is relieved and the company is bound to pay. Many organisations do not realise the consequence of this and just keep harassing the employee for his legally due documents. They do not realise that the time, energy and cost of harassing an employee is unproductive and they are not in the business of harassing an employee. Why leave a bad taste and make them negative ambassadors. Just issue the relieving order and be done with it.
From Indonesia, Jakarta
From Indonesia, Jakarta
Hi Vichare,
First, "he was not able to handle the responsibilities handed over to him", what does that mean?
I would take from your statement that he just resigned and left without serving the notice period. In that case his relieving is not completed/done with your company and he would not be eligible for a relieving letter. Again would appreciate if you could answer what our fellow member Saswatabanerjee had requested. That would help us to suggest you much better.
From India, Bangalore
First, "he was not able to handle the responsibilities handed over to him", what does that mean?
I would take from your statement that he just resigned and left without serving the notice period. In that case his relieving is not completed/done with your company and he would not be eligible for a relieving letter. Again would appreciate if you could answer what our fellow member Saswatabanerjee had requested. That would help us to suggest you much better.
From India, Bangalore
Dear Vichare,
Case facts -
1 . Employee was at a very senior level position - GM / AVP / VP / ...
2. He'd left abruptly - means he had neither given any notice nor served notice period
3. Quit with immediate effect on 9th Oct' 2013
4. Now asking for relieving letter dated 30th Nov' 2013
Suggestions -
1. There can't be different set of Rules & Regulations for Entry / Medium / Top level employees. Especially in case of Top management, those should be carefully followed because HR can't set up a wrong example in front of the all other employees. Consult your MD / CEO and let him/her decide to brake/bend the rules.
2. As per the clauses in the appointment letter, you can ask him/her to EITHER serve the notice period OR deposit the notice pay OR both if notice period is greater than a month OR adjust it against Privileged / Earned Leaves.
3. Don't issue POST-DATED relieving letter. That way you would be creating a false record of that person which may / may not attract legal complications in future causing your company wastage of time, money & reputation. And its unethical as well.
4. Think rationally, that person had left your organization without bothering about chaos this situation would have created in the organization. So don't be emotional towards him/her. Just follow the rules and rest all will be in place..
Regards
Satyajit
From India, Bangalore
Case facts -
1 . Employee was at a very senior level position - GM / AVP / VP / ...
2. He'd left abruptly - means he had neither given any notice nor served notice period
3. Quit with immediate effect on 9th Oct' 2013
4. Now asking for relieving letter dated 30th Nov' 2013
Suggestions -
1. There can't be different set of Rules & Regulations for Entry / Medium / Top level employees. Especially in case of Top management, those should be carefully followed because HR can't set up a wrong example in front of the all other employees. Consult your MD / CEO and let him/her decide to brake/bend the rules.
2. As per the clauses in the appointment letter, you can ask him/her to EITHER serve the notice period OR deposit the notice pay OR both if notice period is greater than a month OR adjust it against Privileged / Earned Leaves.
3. Don't issue POST-DATED relieving letter. That way you would be creating a false record of that person which may / may not attract legal complications in future causing your company wastage of time, money & reputation. And its unethical as well.
4. Think rationally, that person had left your organization without bothering about chaos this situation would have created in the organization. So don't be emotional towards him/her. Just follow the rules and rest all will be in place..
Regards
Satyajit
From India, Bangalore
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.
Employee Appraisal Form new.doc