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charan   06 February 2018

Experience letters not provided

Hi Sir,

I worked in software company as software engineer for 5 months and company had removed me with out giving experience and releasing letter.So I am unable to join any other company from 4 months since I dont have releasing letter and experience letter

Query:Is any labour laws where in I can file case against company to pay me the salary for this 4 months since I am unemployed because comapny had not given me experience letters

 



Learning

 2 Replies

Kumar Doab (FIN)     07 February 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

 How many persons are employed in it?

What is your designation and nature of duties? How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

 Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted? Which is fixed pay day?

Has salary not been paid on pay day?

Has salary slip been issued and supplied? What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system?

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Charan   07 February 2018

What is this establishment; Commercial, Industrial?  Commercial

What is its nature of business say; IT, ITeS?  IT

How many persons are employed in it?80

What is your designation and nature of duties? Tech lead but individual contributor

How many persons report to you? Zero

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No

You are in which state? Telangana hyderabad

Since how many months you are working?  5 months

Are you under probation period or your service is confirmed in writing? Yes

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted? 15 days notice payable but company not paying

Which is fixed pay day? 1.6

Has salary not been paid on pay day? November salary not paid

Has salary slip been issued and supplied? Yes

What is monthly salary? 1.6 lakh

Has company issued any notice on closure of company? No

Do standing orders (model/certified) apply to establishment and your designation? Yes

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 15 days

Was ever any stinker, memo, show cause notice on any misconduct issued to you? no

Does the establishment have its appraisal system? Yes

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? No

Are you a member of employee’s/trade unions?No

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?Releaving letter ,correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge not given

Read more at: https://www.lawyersclubindia.com/forum/Experience-letters-not-provided-159313.asp


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