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Sailen   24 December 2015

Experience certificate

Hi All,

I am in my notice period in an IT company.But due to some unavoidable circumstances I am not able to go to office.As a result my manager said this will be an absconding case and hence company will terminate me.Also,I wont get Experience letter.No where it is written in my offer letter that on termination experience certificate would not be provided.I really need the certificate.What should I do?Please help



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 7 Replies

Kumar Doab (FIN)     24 December 2015

Did you apply for leave under proper acknowledgment?

Did you inform leave by phone,SMS,email, in person, by letter thru normal post?

 

First of all submit a written communication narrating all previous communications that on dated...............you informed by phone call/normal post etc to Mr/Ms.............that you shall be on leave from dated...........to dated...........and requested to extend the leave..............from dated...........to dated.....................and leave was approved during conversation etc and lawyas kept the establishment infrmed...........................and have not basconded at all.

 

Thereafter you have the option to submit notice of resignation (under proper acknowledgment), preferably after joining the service and submitting leave application under proper acknowledgment..................for the period you were out of office and narrate all previous representatios in leave application also.........................

 

You may seek help of elders in the family, employee's/IT-ITeS employee's unions/Trade Unions leaders, labor law consultant etc to draft your communications and build favorable written record.

 

 

 

 

 

 

 

 

Dr J C Vashista (Advocate)     25 December 2015

Proceed as advised by expert, well advised, nothig more to add.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     25 December 2015

1) Why the leave letter and/or intimation to the employer is not submitted unknown.

 

2) In the absence of information, the absence is deemed to be absconding and will be treated as voluntary cessation of service resulting in removal.

 

3) At least now inform the employer of the facts.  If you want to resign, give notice in accordance with the T&C of the appointment and get yourself properly relieved otherwise problems like non handingover charge, claim for damages etc may arise.

 

4) Notwithstanding whether or not service certificate is issued, in the absence of relief, the certificate if issued may contain adverse remarks not for future use, serves no purpose.

 

 

Kumar Doab (FIN)     27 December 2015

The querist seems to be no more interested in replying in the thread and might have resolved the issue.

K.S.Srinivas (Advisor (HR))     29 December 2015

Though you are on notice period, you are not going to the office (due unavoidable circumstances as you said).  Without giving any sort of intimation, not attending office is not correct.  On this count, action can be initiated by the management.  Talk to the HR Manager and try to resolve the problem.

T. Kalaiselvan, Advocate (Advocate)     03 January 2016

Sufficiently advised by experts in a very proper manner, especially the author needs to reply the valid queries raised by learned advocate Dr. KV Ramakrishna to get more proper suggestions/advises to his query. 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     03 January 2016

exactly.  The author should follow first as advised by all experts.


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