Employer not issuing experience certificate

All employees are entitled to get the service/work experience certificate.

Model Standing Orders:

16. Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

Many of the Private bank employees are also members of the bank employees unions and enter into settlements with managements.

For your good and benefit be member of unions and trade unions.

Instead of remaining entangled in conversations with Heads and others raise your demands in writing under proper acknowledgment to appointing authority, MD, Chairman and narrate the representations made to this head (mention dates, phone numbers, dates, names and brief minutes of discussion)

For your next employer the salary slips of all months of employment, copy of resignation, acceptance of resignation, FNF statement, Form 16, NOC/NDC may serve as good as Experience certificate.

Banks are covered under Shops and Commercial Establishments Act.

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act; 

-o/o Labor commissioner

-Civil Court.

Hello Kumar Sir,

Please provide some Guidance. i need some help here. i know i am at fault , as did not adhered the rules of their organization, but that does not mean that they will not give my service letter.
 Thanks.

Sub : I have got the same problem, due to some  unavoidable circumstances, i was not able to continue with my organization and did not service 2 months notice period and i was working there for 3 Years 10 months. so how should i approach to them for my experience letter , as they also asked me to submit a DD of 16 thousand.

 Please suggest the best way to address this to employer and ask my experience letter , PF details , 16 A etc.

please see the below policy which is mentioned by the HR.

"**********************************************************************************************************************************************************************

Kindly note that currently you are on an unauthorized absence.

Please find below policy for your reference.

Any employee who wishes to resign from the services of the organization shall submit his / her resignation on the System. An employee intending to resign from the services of the Organization has to serve a notice period as applicable to ensure a smooth transition of responsibilities and tasks to team members. The notice period also allows the Organization to complete all the recruitment activities as required due to the imminent separation of the employee. The notice period to be served by all employees is as follows:

Level
Notice Period

1-2
Minimum two months

3 and above
Minimum three months


Exceptions to this rule are as below:

1. Employees who are at level 3 and are playing the role of an Analyst will serve a notice period 2 months.

2. However, those playing the role of an Analyst in the Technical Support Department would need to serve a notice period of 3 months.

An employee would be considered as an absconding employee if:

1.   He/she is on unauthorized leave for more than 2 days and is not willing to resume office.

2.   He/she is on unauthorized leave for more than 2 days and is willing to resume office as per his/her convenience which is not authorized by his/her  Manager or HRD Department or is against the company’s policies.

3.  He / she has not responded to the communication from the HRD department/Manager.

If an employee is absconding:

1. It shall evoke a Disciplinary Action against the employee resulting in:
     • Blocking of employee’s access card and username
     • Stop Payment.
2. The Company shall proceed with his/her clearance procedure.
3. The Company shall under no circumstances, issue the Relieving Letter and the Full and Final documents to such erring employee and the Company will not be held liable for any consequences.

In case any employee:

1.  Fails to serve a notice and exits the Company or

2.  Fails to serve the duration of his/her Notice Period (which stands approved by their appropriate Manager on the System) and exits the Company prior to the Approved LWD (as mentioned by their Manager) then,

In such cases the dues payable (as applicable) to the employee shall be appropriately adjusted against any dues receivable from the employee for notice shortfall or breach of Service agreement, if any. Also, such an employee will receive a qualified Relieving Letter only after he/she contacts the Company and pays applicable dues to the Company as intimated by Company’s Finance Department.
 

***************************************************************************************************************//////////////////////////////////////////////////////////

Resignation can be without permission or notice. Resignation is out of volition of employer and employee.

You have tendered resignation and company has adjusted notice pay.

>> Go thru the language of relieving letter and show it elders in the family, your lawyer.

Some companies do not issue separate service certificate by the name of ‘Service Certificate’ and issue relieving letter that also state, Name, designation, DOJ/DOL: tenure of employment, Location etc and that nothing is due against the employee.

It is service certificate cum relieving letter.

If company has supplied FNF statement, relieving letter then it should be sufficient.

At the same time the language of the relieving letter may be tactfully drafted and might be insufficient or deceitful as in internal records company might have recorded the reason of separation as ‘Abscondment” and shall always reflect as negative remark in BGV.

Abscondment is misconduct. The company has to issue notice, show cause notice, proper hearing, natural justice before making adverse or false entries in its record.

>> If the employee has tendered resignation with immediate effect and some task of the employee are pending and due to which employer may suffer financial or some other loss and employee is unwilling to indemnify the employer then employer may emphasize to serve the full notice period.

If there were no unfinished tasks then you can also stress that no tasks were pending and you had affirmed to handover and handed over the charge etc and employer has conducted the handover and exit formalities etc...........

>> You may go thru another thread initiated by an employee at:

https://www.lawyersclubindia.com/forum/Relieving-required-from-previous-employer-93944.asp#.Uq8bk9IW1MA

https://www.lawyersclubindia.com/forum/Resignation-accepted-but-hr-asking-for-money--93859.asp#.Uq8b0NIW1MA

https://www.lawyersclubindia.com/forum/Delay-in-issuing-relieving-letter-89520.asp#.Uqqu0NIW1MA

https://www.lawyersclubindia.com/forum/Current-employer-reporting-manager-threatening-me--93495.asp#.UqqvLNIW1MA

>> If employee has submitted notice of resignation/resignation then it is not leave application and neither absence/abscondment/abstaining from duties.

In case the separation is initiated by employee then it is by notice of resignation/resignation and the LWD/expiry or period of notice period or in other words date of retirement from company is chosen by employee and not by employer.

The conditions stated by company e.g;

“3. The Company shall under no circumstances, issue the Relieving Letter and the Full and Final documents to such erring employee and the Company will not be held liable for any consequences.”

may get termed as arbitrary and may not stand the test of law.

The employer can be personally held responsible for non payment of wages and FNF settlement and document e.g. service certificate, relieving letter, FNF statement that is to be verified and accepted by employee.

The employer can adjust notice pay in FNF statement.

If employee is liable to pay some amounts to employer e.g. notice pay, loan etc as per correct FNF statement then employer may proceed for recovery of amounts payable by employee and may file a recovery suit.

The employer has duly stated in :

“2.  Fails to serve the duration of his/her Notice Period (which stands approved by their appropriate Manager on the System) and exits the Company prior to the Approved LWD (as mentioned by their Manager) then,

In such cases the dues payable (as applicable) to the employee shall be appropriately adjusted against any dues receivable from the employee for notice shortfall or breach of Service agreement, if any. Also, such an employee will receive a qualified Relieving Letter only after he/she contacts the Company and pays applicable dues to the Company as intimated by Company’s Finance Department.”

However the correct FNF statement showing amounts payable by employee to employer and amounts payable by employer to employee has to be supplied by employer to employee for verification and acceptance.

>> You have stated that:

“as they also asked me to submit a DD of 16 thousand.”

Has the employer supplied the correct FNF statement showing that how the amounts of Rs. 16 thousand is payable by you?

“i was not able to continue with my organization and did not service 2 months notice period “

You can also calculate on your own that the amount of Rs. 16 thousand is payable by you or not.

The employer has to supply the ‘Service Certificate’ whether or not notice pay is paid or not.

Although employer may sit on issuance of relieving letter as relieving letter signifies nothing is due against employee.

In your case relieving letter has been issued but service certificate is being blocked.

If you have to tender this payment you may ask in writing employer to adjust the notice pay in FNF statement and supply the correct FNF statement to you for verification and acceptance.

Once you get it within one month you must either decline to accept it or accept it.

YOU may add that you shall tender any payment only after receiving the hard copy of FNF statement under original seal and signature of competent employee of the company and if admissible payment shall be made b y cheque and a receipt of the same shall have to be issued on the spot by competent employee of the company under original seal and signature.

>> Another question is that whether the notice period of 2 months is applicable in your case or not?

The notice period may not be necessarily be as per appointment letter only.

Notice period/pay is part of service conditions and is stated in standing orders (Certified/Model) applicable to the company and extended to the designation of the employee.

Notice period stated in standing orders shall prevail upon appointment letter.

If it is NIL in standing orders it can not be even 1 day in appointment letter.

Notice period in model standing orders is max. 1 month.

Notice period is also stated in Shops and Commercial Establishments Act and it is not more than 1 month.

It shall be appropriate to visit your labor consultant/service lawyer in person with copies of all of your doc and proceed under expert advice of your lawyer. The lawyer that has seen all of your docs can advice you the best.

Hello Kumar Sir,

i am an obedient person and an employee who worked for 3 Years and 11 Months with the company.

But now i feel sad, when i took this decision. i come under 2 months category.

this is what i have got from the Finance dept.

We have completed the process of finance clearance.

Total F&F amount due from you is Rs. 16,025/-  .Please submit the due amount by cheque or DD  within 10 working days  so that we can process the F&F.

i will write back to them asking for the complete breakup as mentioned by you and the reply was really appricated and help full.

Thank you Very Much Sir,

Best regards,

Sid

Being obedient, sincere, loyal in employment for employee is not bad.

It is certainly not sufficient.

Employee should be smart.

Obedient, sincere employees are usually perceived as silent, gullible, hapless, maneuverable and are exploited.

Employee should understand and know the basics nuances of contracts, labor laws, rights and must acquire basic wisdom to tackle the chess  like moves of HR and employers.

Employee should be properly informed.

Employee must form and become member of employee's forums/IC's/Union and affiliate with trade unions.

It gives leverage to negotiate.

Don't ask for break up.

Demand hard copy of FNF statement under original signature by hand and seal.

FNF statement should have been supplied before raising the demand of monies from you.

On receipt of FNF statement if it is incorrect you can still decline to accept in writing and agitate.

God Bless and Good Luck.

Hi Kumar Sir,

Sir i have attached the letter which i have sent through speed post to company.

Please provide some guidance, so that they dnt put incorrect feedback in the reliving letter.

As, i have been always on the top when i was working, and always used to adhere the company policy and used to make sure that all other employees also follow the same.Verbal appreciation will not help me in this inflation , but nobody appreciated that and i waited for 3 years to see the output.

so, i think this is the right time to move on, So that i can also compete. by keeping all the money in their pocket, they are running high end MUV'S and bikes.

i am also a human being and i do have my own ambitions in my life , which these employers never think. they think the employee should be the same and never grow. so that u dnt need to pay them more.

In case of conflict/dispute the employers do not state in writing the appreciation of work done by employee.

In case of conflict/dispute the employee should not state in writing the appreciation of guidance (if any in reality) by employer.

You have already sent the letter. The arrow is not on the bow.

Wait for reply and act accordingly.

If the establishment had 50+ employees and standing orders were once applicable to it then these shall continue to remain applicable.

Explore whether notice period of 2 months was in fact applicable to you as per standing orders, statue, service codes and regulations, shops and commercial establishments act...........................etc

Otherwise what is the benefit of learning about standing orders, statue, enactments.................................and that these shall prevail upon private agreements that employer may sign with employee e.g. appointment letter, service agreement, bond, contract of employment etc..............................

Do not look at appointment letter alone.

Later you may demand to examine your personnel file, service card being maintained by employer.

 You may avoid to sign FNF statement or write on it  that for notice period applicability the company has not provided certified copy of standing orders applicable to it.

 The above is heartfelt opinion and you may proceed as deemed fit at your end and as advised by your lawyer.

Hi Kumar Sir,

I don’t know how to find whether the notice period of 2 months was in fact applicable on me , as I was not a senior employee or any top management department  guy.

I know and I have seen that people are relived from the job in one day if an employee’s wants to resign and no NOTICE PAY RECOVERY amount is charged. 

All the left  Amount is recovered with Final Settlement. I don’t know what do to now . I am completely helpless and there is no body to guide me.

They have charged me with fine of Sixty Eight thousand for not serving the notice period for two months. I am all broken and with money left. 

All my leaves (PL) and other benefits have been adjusted with  NOTICE PAY RECOVERY amount and on top of that , submitted the DD for Rs. Sixteen Thousand. Now I don’t have anything. I know I will work hard and will fill this gap.

 Please guide me on this

Enough has been discussed in this thread.

Your case is not an exceptional or classical example.

It happens with majority of the employees that are fearsome, ill informed, docile, unorganized are not members of the unions, do not handle bosses in a suitable manner.............................

While your colleagues have been relieved with waiver of notice period/pay you have been charged with it.

The establishments also need to set some example by penalizing employees that won’t dare to agitate, and subdue others..........................

You may do some introspection.......................................................Why you are not granted a waiver like your colleagues.

------On receipt of FNF statement if it is incorrect you can still decline to accept in writing and agitate.

If you have already signed the acceptance you may withdraw it citing your reasons for withdrawal.................

------Many of the Private bank employees are also members of the bank employees unions and enter into settlements with managements.

You can approach them.

-----Notice period in model standing orders is max. 1 month for confirmed employee and NIL for probationer.

Mode Standing Orders:

13.  Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen

Notice period is also stated in Shops and Commercial Establishments Act and it is not more than 1 month.

You may look into (Name of your state) Shops and Commercial Establishments Act;

------“I know and I have seen that people are relived from the job in one day if an employee’s wants to resign and no NOTICE PAY RECOVERY amount is charged. “

You can quote the reference by name of such employees...................................................

Employer can waive off the notice period/pay at its pleasure......................

The forums and authorities that you can approach have already been mentioned.

Your lawyer after examining your case, record, docs, and inputs can suggest you the remedies that are possible in your case.

You have handled your matter in a manner deemed as suitable by you and now also you may choose the options that are deemed as suitable by you.