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Shashwat Krishn (Ratings Analyst)     22 August 2013

My company is not giving me experience letter

 

Hi,

My sister had worked with a company for 10 months.

She took the leave and went home. Due to some emergency she has to take one more leave. When she got back to work, her manager started shouting on he, so she quitted the job immediately.

I would like to bring to notice that the company provided her Appointment letter at the time of joining.

Now they are not giving experience letter to her because as per their policy employee leaving before one year is not given experience letter (she has not signed any such bond). They had emailed her this response.

Plz guide me in terms of legal steps that I can take.



Learning

 1 Replies

Kumar Doab (FIN)     23 August 2013

No one can shout at work place. No one can be rude at work place.

Had the Lady recorded the transaction and kept some witness you would have been able to reduce one rude manager fro the industry.

 

Model Standing Orders

16. Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.

 

Your state might have issued the notification to this effect.

 

e.g; Kerala

You may go thru:

 

 

 

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM

 

 

 

 

The service conditions stated in standing orders shall prevail upon appointment letter.

 

You should approach your lawyer.

 

It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the expert advice of your lawyer. Let your lawyer ask you a set of structured questions and opine whether employee would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!

Your lawyer that has seen all of your docs and has analyzed your inputs can advice you best.

Legal notice by the lawyer helps to drill sense into the heads.

 

 

The lawful authorities are:

- if the establishment is covered by ‘Shops and Commercial Establishments Act’ and employee is covered as ‘employee’ : Inspector under this enactment may be approached.

The Labor Inspector may also be the Inspector under this enactment. Local o/o Labor commissioner can guide you.

-if the employee is covered as ‘workman’ o/o Labor commissioner can be approached.   

 

Seasoned Trade Union leaders can also be approached.

 

If there are acquaintances that are apt at arbitration, mediation, reconciliation, negotiation they may succeed to get you relief.


Attached File : 933585805 model standing orders industrial employment standing orders rules.pdf downloaded: 87 times

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