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Rupesh Kumar Gupta   10 March 2016

Company is mentioning invalid statement in experience letter

Dear Sir,

I worked in software company from feb,2015 to feb,2016, there was a notice period which may vary 0-30 days.

so i put my resignation on 23rd of feb and they give me relivance by 25th feb.

now in my experiance letter they mentioned that "He did not fulfil the commitment to stay till the completion of assigned project".

Although, I had commited no where as such. Had put my resignation as per company policy.

Also had mailing conversation with HR team but now they are coming for face to face discussion.

Please suggest what should ido?

I need a clean Experience Letter with no negative statement mentioned for smooth career flow.



Learning

 9 Replies

Kumar Doab (FIN)     10 March 2016

You have posted that: "Also had mailing conversation with HR team but now they are coming for face to face discussion."

Do you mean that " they have called you for face to face discussion."

 

If yes ask them in writing to supply beforehand the signed agreement for a fruitful discussion.

 

If NO escalate to good offices of appointing authority, MD, Chairman and seek to erase the said statement and supply the new one.

Or approach an able counsel specializing in labor -service matters.

 

Rupesh Kumar Gupta   12 March 2016

Sorry for the message mistake i mean that the HR team is not coming forward for Face to Face discussion.

During the telephonic conversation when i ask them to show any proof where i had commited to stay till the completion of project, the only answer i get that a verbal commitment was made which i also don't know when?

Had also tried to approach the Unit head of the company he is also not helping in this context.

So i am planning to take some leagal actions just need some guidance like what steps should i take ?

Should i directly approach to Labour Court or Send a legal notice to company.

Please suggest cheap and best way to resolve it as soon as possible.

Kumar Doab (FIN)     12 March 2016

Record all calls and vehementally deny that you ever made any committement and ask not to make you suffer.

Saying,asking,telling are all verbal modes and difficult to prove.

Submit under proper acknowledgent naration of all representations addressed to good offices of appointing authority,MD,Chairman and build some irrefutable written record.

If good offices also do not provide any relief then proceed further under expert guidance of  an able counsel specializing in labor -servce matters, in appropriate forum, as applicable in your case.

Rupesh Kumar Gupta   13 March 2016

Sir,

I had the mailing conversation and Resignation Acceptance mail as a proof of my relivance.

Can i send notice to company or need to consult with lawyer ?

where does my case belong to labour or civil court ?

Is there any provision to lodge the complaint online?

Also let me know how much investment will be the part of this whole process.

Kumar Doab (FIN)     13 March 2016

The forum where you can agitate can be advised after detailed examination of your employement related documents, nature of duties etc by an able counsel specializing in labor-service matters and the counsel can also advise on expenses,fee, time etc

The lagl notice can be sent by your lawyer and you may prefer an able counsel specializing in labor-service matters.

Rupesh Kumar Gupta   14 March 2016

Thanks for your guidance.

Soon i will be prociding for the same.

Just getting touuble in finding the specialised counsel for labour service matter in noida region.

If possible will you please refer some one with his/her Contact details.

Contact me on my email id prakhargupta0705@gmail.com

Kumar Doab (FIN)     16 March 2016

NO counsel worth his salt may contact you say on your email id.

 

You need to contact.

If you wish search in LCI databank then try:

 

https://www.lawyersclubindia.com/lawyers_search/

 

Or visit local labor court/CGIT/CAT/civil Court/HC/SC etc.......

 

Or ask DBA officials, employee's/trade unions leaders, your near and dear ones.

 

YOu shall have to settle your T&C,fee etc on your own.

 

 

 

Kumar Doab (FIN)     16 March 2016

NO counsel worth his salt may contact you say on your email id.

 

You need to contact.

If you wish search in LCI databank then try:

 

https://www.lawyersclubindia.com/lawyers_search/

 

Or visit local labor court/CGIT/CAT/civil Court/HC/SC etc.......

 

Or ask DBA officials, employee's/trade unions leaders, your near and dear ones.

 

YOu shall have to settle your T&C,fee etc on your own.

 

 

 

Kumar Doab (FIN)     16 March 2016

NO counsel worth his salt may contact you say on your email id.

 

You need to contact.

If you wish search in LCI databank then try:

 

https://www.lawyersclubindia.com/lawyers_search/

 

Or visit local labor court/CGIT/CAT/civil Court/HC/SC etc.......

 

Or ask DBA officials, employee's/trade unions leaders, your near and dear ones.

 

YOu shall have to settle your T&C,fee etc on your own.

 

 

 


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