Swapnil (Technical) 19 February 2015

Non receiving experience/relieving letter from company

Hi All, I need a advice on what legal course of action can be taken against Pvt. Ltd. company for non issuing a relieving/ experience letter.

I resides in pune and was a employee of Banglore based pvt. ltd. company for the period of Aug. 2008 to Jan. 2010. Company sends us letter in Dec:09 stating that since the project you have aligned has comes to end , your employent is no longer required from 31st Jan. 10. We have adhered all the company exit formalities and got the F&F settlement as well. Later suddenly company sends a communication stating that you have to declare your next employer name without which we are not able to give you relieving/experience letter.

I have simply denied to provide future employment details to the company as it's against any law. Due to this company havn't provide me experience letter.

Later I joined a company in pune and HR consider this case and allow my employment based on the project end document I have got from previous company.

Now I'm agin chasing with that company for the relieving and experience letter since I'm switching my job again but the comapny denied on mail to provide me relieving/ experience letter stating that it's too late to provide it.

I want to know that is there any such time limit to obtain the experience/relieving letter from a previous organisation..? and also what could be the next course of action in this regards. Please suggest.

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Kumar Doab (FIN) 19 February 2015

1. Were you were appointed on FTC (Fixed Term Contract)? If NO: then your lawyer may opine that you are entitled for Lay off/Retrenchment compensation. Did the company tender notice pay in FnF statement/settlement? It should have since it terminated the employment.

It might be a case of unfair termination:

Pay techie Rs 12.5 lakh for sacking her, Karnataka labour department orders US-based firm

https://timesofindia.indiatimes.com/city/bengaluru/Pay-techie-Rs-12-5-lakh-for-sacking-her-Karnataka-labour-department-orders-US-based-firm/articleshow/45034667.cms

2. Did the company have an office in Pune? In Maharashtra ‘Bombay Shops and Commercial Establishments Act’ shall operate…………………….and as per it Service Certificate has to be issued…………………..and as per Sec:38-B....if it employs 50 or more persons, standing orders shall apply.....and if standing orders are not certified Model Standing Orders shall apply.......

Standing orders are certified on the lines of Model Standing Orders. ..

Model Standing Orders: Sec:16: Service Certificate alongwith FnF wages is to be supplied on last day in office……………………………Sec:18 employer personally is held responsible for faithful observance of standing orders....

Model Standing Orders is a statue and shall prevail upon any private agreement drafted by employer and signed with employees..... Be it appointment letter/HR policy/service agreement/contract of employment etc....

In Maharashtra MRTU,PULP applies
and trade unions have traditionally been Strong.

The company has indulged in unfair trade practices and Trade Unions like ;CITU/INTUC/AITUC/BMS etc…………….can represent you.

No Labor Official, authority can and shall violate such enactments, statue.......

3. The company is duty bound to supply the ‘Service Certificate’ on last day itself since it initiated termination, alongwith payment of FnF payouts.

Since you have completed all formalities of FnF as desired by the company, hence nothing was pending at your end…………………….

Relieving letter signifies employee has resigned and nothing is due towards employee.....

The delay is at the end of the company and if it has added illegal, unfair conditions then the delay is again compounded at the end of the company and it can’t claim now that the matter is delayed………………………and it has to supply the Relieving Letter……….and you may get it by Redg. Post only on letterhead under original seal and signature…………..(with good comments on conduct and performance…………………..avoid without comments/with adverse comments)..

If company has never issued any stinkers/show cause notice in the past it can’t add any negative feedback now………………..

Has the company issued/supplied acknowledgment of resignation, acceptance of resignation,FnF statement and payment of Fnf wages, Salary slips of all months,PF a/c number and a/c slips of all years,ESIC card,Form16,NOC/NDC,service certificate............if no demand everything.........if yes these can suffice as having been relieved.......

You may contact officials of Dept. Of Labor, trade union leaders e.g. CITU/AITUC/INTUC/BMS etc,able Labor Law Consultant worth his salt...... with confidence.......

There is no Limitation on approaching Labor Officials, and you can approach now as well.

You may go thru:

https://www.lawyersclubindia.com/experts/Non-issuance-of-relieving-letter-522061.asp#.VOXBIIeqqko