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proveindia (proveindia@gmail.com)     09 March 2011

Experience Letter is not given while releaving

One of my friend who worked for a small software company as a Software Engineer, which is manufactuing electronic kit.

He has requested to carry their kit and demo to the customer. This request always made every immediate day before of the domestic travel. This has created lots of inconvenience in booking ticket and arranging smooth travel. This caused him, heat related disease(swallow in skin), and undergone on minor operation. He has taken 7 days of consequetive leave in that he did not cross the allowed leave for this year. As Doctor suggested, he raised the concern to management that next three months he cannot make travel.

Management request him to quit in another less than 5 days(which is the month end date). He excepted their request. However, the issues are

1. Certificates are kept in org for safety custody. These certificates are returned back to us.

2. Relieving order given saying that "due to ill not able to complete duties". 

While joining, no where specified that he has to make travel and do sales people job.
No Medical Insurance given executed for employee.
No Insurance done for the kit which get tranported by employee to customer
No special allowance paid to the employee for the travel
No PF/ESI executed for employee.

All the above mentioned fact, he is not denied to do software engineer work any time. He wanted not to travel for couple of months. Now, they are issuing relieving order such that as if he could not able to do software engineer work.


3. Organization not ready to give Experience Letter.

4. Organization not ready to pay last month salary

5. Last three months payslips are not given to Employee.

6. Organization is not ready to give Form-16. However, they are taking Profession tax.

7. One month notice period is required to be given by employee. Here, Employer decided to terminate, hence should they needs to pay one month salary.


We are mainly interested in getting proper relieving order and experience letter with last month pay


About this org
1. Mainly deals with Govt. projects
2. ISO company, 
3. This is the way they treat every employee. Almost no body go with proper re-leaving process in last two years. 


How to proceed this case in legally... thoughts are highly appreciated.



Learning

 1 Replies

SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR)     06 April 2014

If the employee asks for experience certificate the employer must issue the same along with releiving letter


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