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Sreerao   06 July 2019

How to get Certificate of Employment from Ex-HR Manager

Hi

I worked for a Pvt Ltd company in A.P. in India whose owner and director is an American and operates mostly from there and I was heading operations in India.

I and our HR Manager worked together right from day one for 4.5 years (2007-2011) and then we both have resigned almost the same time, like he resigned one or two months before my resignation because the company has come to closure permanently. As he resigned first he took experience/service certificate from me, with my signature on the letter. Appreciate his foresightedness.

But, unfortunately when there were no signs of operating the company by the foreign owner, I too resigned and there was no one in India to sign my experience certificate and the owner didn't respond to my request for issue of the certificate and,on top of that he has become unapproachable and untraceable too.

I could not do much and kept mum. Recently, I have some how found whereabouts of the HR Manager through my old colleagues and approached him personally in his current organisation and requested for the experience certificate and handed over the company letter head that I had with me.

That day he seemed to be positive and cooperative but after a week he sent message saying that "he was not given authorisation to sign such service certificate" This is a shock to me as he is the only hope for me and I have not asked for anything that is not true and fact. It was simple letter with actual dates and designation which he can't deny.

Please advise how to go about with the HR Manager who is denying to sign the letter. I am in dire need of it.

Thank you.
RN


Learning

 4 Replies

P. Venu (Advocate)     07 July 2019

There is no which the former Manager could be compelled to provide a back dated document.

Sreerao   07 July 2019

Sir,

Thank you for your response. Are you saying that there is no rule or way to compel the former HR manager to provide a back-dated document? If so, can we ask him with the current date? Please advise.

P. Venu (Advocate)     07 July 2019

How could it be since he is no longer in employment in the organisation and hence has no authority.

Sreerao   07 July 2019

Sir,

Agreed. But, what is the way out for me to get my experience/service certificate? The company is no more now. My boss, the foreigner, and director of the company is in abroad and not reachable/traceable.  Under these circumstances, the only person who is available and worked with me in the organization and knows my date of joining and leaving, designation and salary details are this HR Manager only. When he knows these why can't he sign the letter with the current date? It is like a person (witness) giving a statement (proof in writing) of what he has seen a few years ago. In law, it is quite valid in any civil or criminal law. To prove a case, if witnesses statements are taken for proving the case, why can't I take the statement of the HR Manager to prove my case? Please advise.


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