Ex-employer is not providing experience letter
Anshuman
(Querist) 04 May 2016
This query is : Resolved
Dear Sir
I am from Gurgaon India.
In past i worked in three companies(i am naming as X1-First,X2 etc, Y is my current company), I need experience letter from all my ex company then i send request to all Ex-comp. i got letter from X1(first) and x3(last) but X2(located in gurgaon) is not issuing this letter, they are saying i have already issue relieving letter when you left and this is the only format for experience letter, i was requesting experience letter with skills. I send mail to CEO he is stating that this is HR's job they will take care please dont send me mail and HR is neither issuing nor replying.
I want to know what is the correct way to get required letter, i have relieving letter payslips, all the mail chain.
Please advice
P. Venu
(Expert) 04 May 2016
What was the nature your job and by which law your employment was regulated?
Anyhow, their clarification that relieving letter constitute the experience letter settles the issue, in my considered opinion. There is limit to which you can rake up a past issue.
Kumar Doab
(Expert) 04 May 2016
You have posted that:
"they are saying i have already issue relieving letter when you left and this is the only format for experience letter, i was requesting experience letter with skills. "
You may not agree with contentions of CEO and apply persuasion skills to add duties and for that matter skills.
Service Certificate is mentioned in Standing Orders and it has a format...........e.g.; [FORM V]
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+(Standing+Orders)+Central+Rules,+1946
If you are unable to resolve on your own, seek help from employee's/trade union leaders, Labor Law Consultant.
Rajendra K Goyal
(Expert) 04 May 2016
Agree with the advice from expert Kumar Doab.
malipeddi jaggarao
(Expert) 04 May 2016
Instead of pursuing the matter, if the relieving letter mentions your designation and date of relieving that would suffice.
Kumar Doab
(Expert) 04 May 2016
You have posted that:
"they are saying i have already issue relieving letter when you left and this is the only format for experience letter, i was requesting experience letter with skills.'
Apparently you have been issued with a relieving letter. YOU want your skills OR duties assigned/performed in it.
The CEO does not want to own the decision and is transferring to HR.
Possible the CEO is part of committee that has passed the format.
You can succeed by your own skills.
Or try by downloading the tasks performed/certificates/communications to CEO and HR and get these inserted in letter.
Or lean on your counsels.
Kumar Doab
(Expert) 04 May 2016
Although you have not clarified what is this establishment Commercial, Industrial................you may also go thru:
The Punjab Shops and
Commercial Establishments Act,
1958
Act No. 15 of 1958
and
The Punjab Shops and
Commercial Establishments
Rules, 1958
It is available at the website of Dept. of Labor Haryana
http://hrylabour.gov.in/docs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf
Traditionally the unions have been strong in Haryana, Punjab and you can also access labor Law Consultants par excellence.........
Anshuman
(Querist) 04 May 2016
Dear Sir
Thanks a lot for responses, I worked in private software company from 2006 to 2010.
I have joining letter, relieving letter all the Form 16. Right now i am in US and my current company is going to process GC for me. As per HR relieving letter is the experience certificate and that we already issued. I don't have any bad record with company. I explained to HR that Relieving letter is not same as exp letter, experience letter always contains
skill set and responsibilities.
In India its fine if you have relieving letter only but out side India companies asking for both Experience as well as relieving
The problem all these responses from HR are in phone or whats only, I asked to reply in mail the she is denying. i am struggling more than 3 months.
Kumar Doab
(Expert) 05 May 2016
Record all calls.
Send a narration (mention dates/names/time/brief minutes)...............your requirement,reason etc...........and attach copy of appointment letter and other communications etc...........
If you are unable to resolve seek intervention of your counsel(s).
