Company not giving experience letter

1. Although no legal course of action can be taken compelling him to give the experience certificate. Why do you need it. It will not seek any merits. Just get going and find another good employer and show your distaste with the conduct of such older class organizer.

 

The establishment should be covered under (name of the state)  Shops and commercial establishments Act and the Act might state to provide appointment letter, experience letter and the declinature might be violation by employer.....................

The standing orders might be applicable and if not certified Model Standing Orders shall apply ;Sec;16 makes it mandatory to issue 'Service Certificate'...............and employer personally can be held responsible for faithful observance of standing orders.......

 

Demand everything in writing under proper acknowledgment e.g. appointment letter, service certificate,relieving letter, PF number and a/c slips of all years, salary slips of all months,ESIC card,correct FnF statement,Form16 as per correct FnF statement, NOC/NDC and do not forget to mention that on dated.....................Mr/Ms..................asked you not to attend to office from dated............and ended employment without any notice.........  

 

You can approach:

Employee's Unions,Trade Unions and they can circulate the issue to all members.....and know precise ways to make such Unscrupulous employers popular including by press release/bytes to media 

 

Inspector appointed under Payment of Wages Act (applicable to all employees  drawing wages upto Rs.18000/pm), Shops and Commercial Establishments Act (if it is covered by the Act)

O/O labor Commissioner

R

Thru RPFC in nearest PF office ::::: if wages are not paid and hence PF contributions are  not paid.........and EPFO maintains defaulters list on its website......

 

Jurisdictional ESIC offcie :if ESIC is aplicable

 

 

 

ITO-TDS where your file ITR if Form16 is not supplied and TDS is not deposited and CIT-TDS where company files ITR......

Hi, 

I'm posting this on behalf of my brother. He worked in an organisation for about two years from 2012-2014 under a two year contract. He provided his resignation two months prior to the end of the bond period and also worked an extra month after the notice period. But then the relieving letter of his didn't turn out as we wished. The company manager created too many problems. First he told my brother that he had to work for another 37 days because he had to cover up the leaves he had taken(none of this was mentioned in the bonds and it wasn't paid leaves). Or else he has to pay one year whole salary to him to provide the letter which would almost amount up to 1.4 lakh(even this wasn't mentioned in the  bond). When we tried to seek the police help and lodged a complaint the company HR promised us the letter. But when it arrived through the courier, it wasn't the format we expected. The letter stated that my brother had arrived late almost everyday, he had sent nuisance mails to clients, had taken over the company assets(the only asset given was an ID card), left the organisation abruptly and the final sentence stating ''We don't recommend this person(my brother) for your organisation''. This is how rudely that manager has acted. We don't know what to do and my brother's work is at stake at the new company since they are demanding for relieving letter. We have all the documents of that organisation and all the documents pertaining to my brother is all clear and clean. None of the things given in that relieving letter is true since we have proof's. We just don't know how to handle this situation because the manager of that organisation isn't responding to us. Please your suggestions would help my brother get his rightful letter since he 's worked for that company really hard and I don't want that to go in vain. Please help or tell me what I should do!

@Manjunath, Always initiate a new thread. You have posted that the employee complied with all T&C of the Bond...... and none of the extra demands made by Manager,HR are stated in the bond. The Manager are HR are not employer/owner,hence the employee may escalate to good offices of appointing authority,MD,Chairman, Board....and exhaust the internal options. Approved Leave is counted in service period. You have confirmed that you have proof that all charges levelled are false.......hence you can deny and ask to call back in writing and issue new Relieving letter with commendations (narrate contributions)... The employer is bound to maintain record of time of coming to office,leaving office hence OT....and you can obtain copies of all such forms and registers (Prescribed under Shops and commercial Establishment Rules) from Inspector. Your lawyer can advise you further including how to proceed further for Defamation,Discriminatory Retaliation...