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Employer delaying in proving relieving and experience letter

(Querist) 27 July 2015 This query is : Resolved 
Sir,
I had served the notice period in the company but when i asked for relieving and experience letter they told it takes time. Now it is 1 week to go they repeated the same thing.As i have to apply for a new job they asked me to show these letters which i don't due to delaying. Please advise me.
malipeddi jaggarao (Expert) 28 July 2015
There are two ways.
1) Convince your prospective employer that you have served the notice period and your service is ceased in the previous organisation. You have applied for these certificates and the employer is delaying. If they really require your services, they may insist for it.
2) Whether you have handed-over your charge to the HR Department. There is any exit policy in your previous company? Is there anything in writing from your employer till now? If there are no other problems, send a legal notice asking them to provide the service certificate within 15 days. If they fail to provide, you can file suit in Court of Law.
Rajendra K Goyal (Expert) 28 July 2015
You can apply for new job pending relieving letter.

Write mail followed by registered letter and by the personal visits for the same. Always mention reference of all your previous steps / letters / mails / visits in your letter.
Kumar Doab (Expert) 28 July 2015

The service conditions shall be governed by enactments applicable to the establishment/employer/employee e.g. Standing Orders (certified/model), Shops and Estabs Act etc…………… and these enactment being Act of Law/statue/instrument of law shall prevail upon any private agreement that employer has drafted and signed with employee, e.g: appointment letter/contract of employment/HR policy/Service Rules and regulations/Exit Policy/FnF policy etc…………………

The notice period/pay/rate of notice pay shall also be governed by these.



The employee that has decided that has decided to retire by resignation and has tendered notice of resignation informing date of retirement/expiry of notice period has to do nothing else and employer and its attorneys in Line Management/HR are under oath of duty to communicate to employee if any handover is required and arrange to complete all the reasonable formalities that if any required as per laid procedure of law/enactments.

If employer has failed to communicate then employer is responsible and no onus can be shifted on employee.
The employer has to supply the FnF dues/service certificate on last day in office.

Refer; Model Standing Orders; Sec13-18.

Employer personally is held responsible for faithful observance of standing orders.

You may approach:


Employee’s unions/Trade Union leaders e.g. CITU/INTUC/AITUC/BMS etc

Able Labor Law Consultant/Service Matters Lawyer/Law Firm


And you counsels may opine that you are covered by the def. of ‘Employee’ as in Shops and Commercial Establishments Act, ‘Workman’ as in ID Act and can draft your representations……………..and can approach:



Inspector appointed under: (Name of the state) Shops and Commercial Establishments Act: It is one of the duties of the Inspector to ensure that all Full and Final payouts and documents are supplied by employer to employee. You can even get certified copy (even if thru RTI) of the prescribed register/form pertaining to employment record e.g DOJ-LWD………………….e.g Form ‘N’ in Tamilnadu Shops and Commercial Establishments Rules

Inspector appointed under: Payment of Wages Act,


O/o Labor Commissioner,

Higher officials of Dept. of Labor


Civil Court


And Lodge complaint u/s 406, 420

File complaint with police or direct with the magistrate


File winding up petition as unpaid payouts are debt on employer


Approach media




The employer may respond to demand notice by unions/legal notice by lawyer or shall have to appear before lawful authority, court of law.




You must mention that the onus and damages shall fall upon employer if the ……………………..are not supplied to you within next say…………….. 3 days by Redg. Post, including but not limited to acknowledgment of notice of resignation/resignation, service certificate, relieving letter, Form16, FnF statement, FnF dues by bank DD, salary slip of each month, NOC/NDC, Handover of charge/company’s assets, etc………….

As far as next employer is concerned copy of resignation, acknowledgment, acceptance, salary slip of all months may suffice to be as good as Service certificate/Relieving Letter....................and you can also mention in gentle tone (in writing under proper acknowledgment)that you can supply any document if it supplied to you by past employer and you have properly resigned by submitting notice of resignation/final resignation.................





Vikendra Singh (Querist) 28 July 2015
Thanks for your valuable advice.
Vikendra Singh (Querist) 13 August 2015
Since it is after 23 days i left the job but employer still delaying to provide experience and releiving letter. I visited the office 5 times since then and politely talk to him but he neglected me and asking me to signed by the person to whom i handed over my work and when i did it he still refusing to issue me releiving and experience letter. I have a new joining soon and i need these documents urgently. Please tell me what to do. Should i can take legal action against my employer?
Vikendra Singh (Querist) 13 August 2015
Should i can go to the labour office for this.


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