Hello,

I am new to this forum. If I violate any of the forum's rules please excuse and educate.

Here is my problem for which I need help/guidance :

My wife has recently resigned from a pvt. ltd. company. The company is unbelievably infamous for not issuing Work Experience Certificate to it's ex-employees and not doing full and final settlement.

The offer letter given to my wife states that she has to serve 1 month notice period. Unfortunately she cannot serve one full month notice period. She can only serve a notice period of 3-4 days. In such a case she has mentioned to her boss that she is ready to pay back one month's salary back to the company.

In such a case, does the company have any right not to issue the work experience certificate ?

If the company does not provide her with the work experience certificate, what can we do ?

If my wife doing anything illegal ?

Any information shared in this regard is highly appreciated.

Thanks.

Notice period and notice pay is a mutual agreement between an employee and employer when an employee joins an organization.

At the time of appointment letter/order is issued and supplied to employee. The terms and conditions in the appointment letter shall apply. If in the appointment letter notice pay in lieu of notice period is described it should be equally applicable to both employer and employee. If notice pay is made applicable vide your appointment letter you may cite it.

Hope you have never received certified standing orders from the company.

You may also read SE act applicable to your state.The act may have scope of isuance of work experience/service certificate.

As per:

The Delhi Shops and Establishments Act, 1954

30. Notice of Dismissal.—(1) No employer shall dispense with the services of an employee
who has been in his continuous employment for not less than three months, without giving such
person at least one month’s notice in writing or wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are
dispensed with for misconduct, after giving him an opportunity to explain the charge or charges
alleged against him in writing.
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing. In
case he fails to give one month’s notice he will be released from his employment on payment of
an amount equal to one month’s pay.

34.  EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

In case of service/work experience certificate the format as expressed in Industrial Standing Orders may be followed and coloumn on conduct can not be added.

industrialemployment(standingorders)rules: SCHEDULE I

16.  Certificate on termination of service.

17.  Liability of 17[employer].

[2][schedule I - a]

20.  Service certificate.-

[3][Schedule I-B

(1)   Service Record

(ii)   Certification of service.-

industrialemployment(standingorders)rules,

is attached.

Lady may tender notice of resignation with some notice and avoid abrupt termination. Lady should mention effective date of resignation/last day in office in notice and affirm to pay notice pay and request to adjust in FNF statement. She may mention in her notice that the company may issue instructions on tendering notice pay. She must visit her line management and discuss the matter and submit minutes of discussion and thus build favorable record. It shall be appropriate to approach a competent and experienced service lawyer and let your lawyer structure the representations.

On her last day she may submit final resignation.

No. She is not illegal and the company shall not withhold the workexperience certifiacte. She can demamnd it from the company and if they do not respond may serve a showcause notice through a mail or a registered letter....... she has every right to collect it........