Not getting experience letter on contractual job.
Ajaykumar
(Querist) 29 March 2017
This query is : Resolved
Respected Experts, I am working on contractual basis in a power plant nearby Nagpur since 5 years. Now, I wants to switch this job, but whenever I spoke to my company side contractual engagement officer about my experience letter, He straight forward denies saying that you should take it from your contractors, and unfortunately I have only joining letters from my main company and from each contractor under whom I have worked till date, I also have my salary statement of more than 1 years (there is no salary slip as I am getting paid via: Cheque) Please suggest me a legal and genuine way through which I can prove my this long experience during next employment procedure because fearing by this I am not applying to any job confidently. Even I have given them a hint of taking legal action they said me, "You will not at all get anything from us even your salaries and will be terminated" if you even thought about taking legal action. I am very poor and of course its a rich organisation by which i can not fight on financial basis.
Rajendra K Goyal
(Expert) 29 March 2017
If the Company is giving salary direct in your account it should give experience certificate.
If salary is paid by contractor, you should request contractor to give you experience letter.
Kumar Doab
(Expert) 30 March 2017
The employer that has employed you and has been you wages shall provide with:
offer letter, appointment letter, I.Card, salary slips, Pf number and a/c slips, ESIC card, Form 16, FnF statement, service certificate, relieving letter etc etc .......
Kumar Doab
(Expert) 31 March 2017
Isn’t it same query:
http://www.lawyersclubindia.com/forum/Not-getting-experience-letter-on-contractual-job--148355.asp
Kumar Doab
(Expert) 31 March 2017
If standing orders apply
(Model/Certified):
Model Standing Orders:
16. Certificate on termination of service:-Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
(Name of State) Shops & Estbs Act might also have provisions for Service Certificate.
(Name of State) Shops & Estbs Rules might have register/form that is equivalent to: Service Certificate.
Approach:
Inspector appointed under; (Name of State) Shops & Estbs Act
Labor Inspector (State/Central as applicable in your case)
Take help of employee’s/trade Unions
Or entrust to your own very able counsel specializing in Labor/Service matters at your own location.
