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Legal steps on employer not issuing experience certificate t

one of my friend was appointed in a private hospital as Nurse via appointment letter on contractual basis for 6 months.she had completed the period following which her contract was extended further for another 6 months through another contract. she couldn't complete the next contract period as she got a better job opportunity somewhere else and had to left the current job on a very short verbal notice. she tried to submit the resignation on the day when she decided to leave the job.But H/R Manager didn't even receive the letter. As per contract they could have received and accepted the resignation with the deduction of last one month salary, which had not been done. finally she left the job without undergoing any exit formalities and joined at the new working place. Now it has been almost 7 months since that incident, the ex employer had issued any notice neither seeking explanation for absconding nor demanding the return of one month salary. Can they label the case to be absconding as her resignation was not even received despite she tried to submit? They have not issued any experience certificate despite her repeated requests to issue the same. What legal steps can be adopted in this circumstance? kindly advice



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 1 Replies

Kumar Doab (FIN)     13 May 2016

Is the hospital registered under Shops & Estbs Act of the state?

If yes the notice period as in this Act shall prevail upon the appointment letter/contract of employment and may not be 30days.

 

She could have submitted the resignation by ordinary post mentioning that on dated...............she visited Mr/Ms.................designation.................name of establishment...............address...............with original and copy of notice of resignation/resignation.......................But he/she declined to receive and acknowledge it on the copy, hence she is sending by post.

 

She can produce the copy from her record.

 

Association of Nurses, Inspector appointed under the Shops & Estbs Act, Payment of Wages Act, Labor Inspector etc may be approached, preferably thru an able labor Law consultant.

 

 


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