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kaushal (software developer)     19 November 2014

Software firm refused to give experience certificate

hi,

I am kaushal prajapati,

i have signed 2 year bond which is on simple paper not stamp duty papers.

i send him resignation mail and then i leave company after 1 month.but they are refusing to give experience letter or releaving letter.

i have completed 1 year and 11 months with including notice period of 1 month. 

Is it Compulsory or legal to give experience letter or releaving letter to every employee?.


Can any body explain me what legal actions can be done to get experience letter or releaving letter.

My Software Company is regestered as a firm in Ahmedabad muncipal corporation, not a private limited company.

 

Thanks.



Learning

 1 Replies

Kumar Doab (FIN)     20 November 2014

Bond: it is executed in lieu of what extra ordinary favor e.g. some certified course/training that added to Your qualifications! Otherwise it may get termed as unconcienable! Assuming that company incurred some expenses on you then pro rated payment may be worked out. The liquidated damages/expenses may have to be proved. Do you have copy of the Bond? demand and obtain copy and show it to your lawyer. Service Certificate: Has to be issued to all employees. Relieving Letter: is issued post all settlement by employee. Company may claim liquidated damages in bond and may deny relieving letter. You may demand in writing to supply you acknowledgement and acceptance (both) of notice of resignation and final resignation, confirmation of having served notice period, FnF statement for verification and acceptance by you, salary slips of all months, Form 16 of allyears, PF nnumber and a/c slips of each year, ESICCARD, NOC/NDC,payment of FnF dues by bank DD,Service Certificate, relieving letter... etc within and upto last day in office... and affirm that no tasks are pending at your end......and to whom you should handover the charge against acknowledgement within and upto last day in office..... Download all record that is relevant and useful.... including all policies, Service Rules and regulations etc... It is almost sure that you will not be given relief by HR ETC hence it is suggested that you should address all communication to appointing authority, MD....and consult Employee's unions, trade unions, Labor Law Consultant Service matters lawyer in advance...... and build favorable written record... Firm up with next employer preferably in writing that your current employer us unwilling to supply relieving letter (and all doc's mentioned above) and hence you should be appointed on the basis of copy of resignation only...... Take them in confidence for adverse comments in BGV...

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