Experience/Character and releiving certificate
skg
(Querist) 25 November 2009
This query is : Resolved
Dear Legal Experts,
A workman was terminated on grounds of surplusage/reorganisation and global recession.He challanges this termination in labour court.
The employer in his statement to the court also admitted that his termination was not due to any misconduct.
Knowing that the court cases takes 6 to 8 years to decide the workman keep on trying for other jobs but whenever he got some positive response from some other employer his inability to produce experience/character and releiving certificate become a major problem
in getting a new job.
My question is since the employer has himself declared that the termination was not due to any misconduct can the workman ask for these certificates from his employer or he has to pray the court to direct the employer to release these certificates to him so that he does
not face any problem while he is trying to get new job in order to feed his family.
Whether doing so his case will become weak?
rgds
skg
ESTHERPRIYA
(Expert) 25 November 2009
The employer can demand as a matter of right to get those certificates and moreover you need to know that it is the basic obligation of the employer to issue such relieving order and character certificate to enable him to join other office. If the employer fails in his obligation, you can issue legal notice calling the employer to pay compensation suitably in this case concerned.
Raj Kumar Makkad
(Expert) 25 November 2009
Employer cannot be pressurised to issue the desired certificates in the language the employee needs. Definitely the employer may mention in those certificates, the ongoing litigation/filing the case on behalf of the employee on employer and if this is mentioned therein then it shall harm the employee in seeking other job rather helping. So it is better to make a compromise with the employer on mutually agreed terms if another good job is in hand and join the other one with all relevant documents in the desired language.
