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Shikha (Associate)     29 November 2014

Terminated from job & denied to provide experinece letter

Hi All,

My friend was working with a private landscaping firm. She was terminate from her job by accusing her that she has stolen cell phone of one of the collegue. They had the cctv footage of her picking up the cell from from reception. She agreed that she has picked up that phone thinking that it is of some other collegue to hand over to that person on way as they go together. But my friend lost the phone on her way to home & could not recollect exactly where she misplace it.

She has paid 20k to the person for the lost cell phone even when the phone was not of that worth. Still the firm terminated her without further investigation & even the person whose phone was lost didn't supported to find it back. She tried chasing them many times but they didnt picked her calls. The firm is not even ready to give her the experience letter for her service for 1.5 years. She has even sent e-mails requesting for experience letter but no revert.

It is getting difficult for her to join a new firm without experience letter. Kindly advise what can be done in this matter.



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     30 November 2014

there is no law which can compel issue of experience certificate.

 

she can challange termination.

Kumar Doab (FIN)     30 November 2014

Service Certificate has to be issued to all employees.....As per statue... The employee has compensated the owner. She might be covered as ' Workman' as in ISAct

Kumar Doab (FIN)     30 November 2014

Service Certificate has to be issued to all employees.....As per statue... The employee has compensated the owner. She might be covered as ' Workman' as in ID Act, 'Employee' as in Shops and Commercial Establishment Act and she may approach Inspector appointed under Payment of Wages Act and Shops and Commercial Establishment Act, o/o Labor Commissioner.... She can also issue demand notice thru Employee's/Trade Unions..... Labor Law Consultant Service matters lawyer

Shikha (Associate)     01 December 2014

Hello,

Thank u for your views. It will be very helpful if u can guide us for our further actions & share any contact points who can help us.

Kumar Doab (FIN)     02 December 2014

The Labor Inspector might also be officiating as Inspector under other Act mentioned above.....The employee may get in touch with Inspector... The employee can visit Labor Court/civil court and inquire about lawyers....... Employee's near and dear ones/colleagues/ Dist. Bar Association officials /elders in the family can guide to a good lawyer... You can also conduct search in LCI database thru search options..

T. Kalaiselvan, Advocate (Advocate)     03 December 2014

First of all confirm if your friend was on the employment rolls of the company with proper offer letter or appointment letter?, if not then it is mere waste of time to initiate any action legally or otherwise seeking/demanding experience letter.  If was properly employed with the regular employment benefits, she may demand for one but in that they will mention the reason for termination which may cause an adverse impact on her career, so do you want to take a risk that way?


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