Termination of employment
Situation: After submitting resignation with a private bank, services were terminated during the notice period. The employee acknowledged receipt of the termination letter. All financial accounts were settled to the satisfaction of the organization. The incident happened about 10 years before. Questions: (1) Is the employee eligible to receive relieving letter now? (2) Can work experience certificate be issued in such cases? (3) In case either is not possible, then can the employee receive service certificate confirming designation and duration of the employment? Opinion on what is permissible under employment law and what is followed in practice would be helpful.
It is not mandatory to issue a relieving letter to the employee. Having said that, the general practice is to provide a relieving letter. It is generally provided on the last working day of the employee. It is essentially a sort of certification from the private company that the employee is no longer a part of the company. All dues and wages have been paid off and his resignation is also accepted. The relieving letter also notes the date of joining and date of release. The employee is now free to join any other company without any interference from his ex-company.
The relieving letter is also inclusive of the work experience certification. Again, in order to get the work experience letter or the relieving letter, it is essential that the employee has fulfilled all the clauses of the contract from his side. He had abode by the notice period and completely lived up to his part of the contract appointment letter. If he has failed to comply with his appointment agreements, the company has the right to not issue any such letter to the employee.
However, in the present situation, if the employee has served his notice period or was exempted to serve his entire notice period by mutual consent, then he should receive his relieving letter. The employee should try and settle this amicably with the company. If there is no improvement in the state of affairs, legal notice may be sent to the company. The employee may take the legal recourse and file for lost wages and harassment.
But, if he has not served his notice period and it was not waved off by mutual consent, the company may not issue the relieving letter or work experience letter as the employee did not comply with the terms of his agreement.
Without much complication, i suggest you to approach the manager of the concerned branch of the bank with the proof of date of joining and re-leaving because verifying the details or trusting a stranger (you) may be difficult for the bank. You can also inform the need for such letter or certification.
Approach humanly than legally. That should help.
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