i have worked in a bank for 3 years and the bank is not providing exp letter. even after my boss approved the resignation they are not providing me my exp letter. any labour lawyer who can help.
adv. rajeev ( rajoo ) (practicing advocate) 29 December 2011
Issue legal notice to the bank to issue the experience certificate by giving your details like when you have appointed etc., if bank failed to issue the notice you would calaim damages from them.
vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER) 29 December 2011
FIRST APPLY TO BANK FOR SUCH CERTIFICATE AND GET ACK. ON THE APPLICATION.
ISSUE REMINDER AFTER SOME TIME.
THEREAFTER YOU CAN WITE TO BANKING OMBUBSMAN IN WHOHSE JURISDICTION THE BANK IS LOCATED.
OR YOUR NEW EMPLOYER CAN ASK IT DIRECTLY TO YOUR PREVIOUS BANK AOUT THE EXPERIENCE.
Kumar Doab (FIN) 29 December 2011
Learned experts/members have given valuable advice. Kindly follow it.
If you are now employed in another company and this company want work experience certificate then, the step suggested by Mr. Kulkarni, can save you time, stress, litigation. You may submit in writing, under acknowledgment, to the concerned designated personnel in HR/personnel/admin etc, who is coordinating with you on your testimonials, that as you have truly stated in your vitae regarding your employment with ........bank, but this bank is not supplying you the requisite certificate despite your representations in the past( give details), and latest representation copy of which is enclosed, you can not submit it. However you are enclosing self attested copies of last salary slip, FNF statement, form 16, copy of resignation and its acceptance etc and you current employer is requested to verify your tenure of employment from the bank. There is only one catch and probability: if the bank has recorded some adverse comments in your personnel file bank may include these comments while verifying your employment.
It shall be appropriate to represent in person/by phone to the concerned personnel in the bank and clear the position. This is suggested since despite your representations bank is not issuing the requisite certificate; hence it can be assumed that there may be some issue which might be inflated ego of line management/HR or some other issue. You would know what is what. In some foul play is anticipated you may point out in specific work experience/service certificate, and avoid relieving letter as relieving letter is issued post all settlements and may contain a column on “ Conduct” and employer can post some adverse comment.
The major objective of work experience/service certificate is to support your genuine service period and OFFER LETTER you had received.
The model standing orders normally contain a provision with regard to service certificate. For example, the model standing order (1) framed under Industrial Employment (Standing Orders) Central Rules 1946 stipulates that every workman is entitled to service certificate. If your company is covered under model standing orders of the state in which it is located, you have to refer to them to ascertain this aspect.
Irrespective whether or not you are covered by the Standing Orders Act and the model standing orders, you have inherent right to service certificate from the employer for the service rendered by you even during probation.
This is heartfelt opinion. Valuable advice of learned experts/members is sought.
Kumar Doab (FIN) 29 December 2011
Does banking ombudsman entertain and decide such cases, if yes, many of the employees can take advantage of this cost effective route?
ravi (manager) 29 December 2011
Thanks for your suggestion,i will tell you my whole story than please give some advice what to do next. i resigned on 13th oct,2011 as i got a good offer from other private bank.that bank told me to join as early as possible . in my previous private bank a employee has to serve three month notice period or pay the unworked days but it depends on bank discretion. i served the bank till 20 th nov 2011, and told through mail that iwill not serve the notice period and it will be my last day. i told them that if you want i am ready to pay for the unworked days. i wrote my last mail to al my bosses and even the hr dep. other thing is that my reporting auth, approved my resignation on 18 th oct online and i have the printout of that approval. i just don not understand why hr is creating problem.The hr told me they will file case that i have not served notice period and i am joining someeother priv bank which is not legal. you can join any other bank according to law after 6 months of releiving date which i do not know whether it is practically correct through labour law.now they are issuing me absconding notice when i have submitted all my clerance formalities ,and through mail i have send my last working date. kindly help me becs bank is admant of not provd the exp letter.and this is happening in a particular zone. i have heard that some close employees are geeting releiving becs they are close to some or other higher authority. kindly help me.
Kumar Doab (FIN) 30 December 2011
It shall be appropriate to show all documents e.g. appointment letter in which clause of termination/notice pay, and restraint for 6 months to work with another bank are expressed, notice of resignation, final resignation email/letter, communication in which you have expressed to tender notice pay for period of shortfall in notice, approval of resignation, notice of absconding issued by bank, exit/clearance formalities completed and submitted by you, list of name of other bank employees to whom bank has issued service/experience certificate, certified standing orders of the bank ( if you do not have obtain a copy from any of colleague ,HR, or from concerned labor authority which has approved it ) and show it to competent and experienced service lawyer.
Alternatively you can post these in this thread. You may remove the names etc to maintain the confidentiality.
You must reply to the notice issued by the bank and it should be carefully drafted and structured to defeat the charges of the bank.
As suggested by learned experts/members you can issue legal notice to the bank to get your service certificate etc.
To your current employer you can submit the documents as already explained in this thread
sureshkumar g r (lawyer) 30 December 2011
The suggestion given by Mr kulkarni is not relevant as Banking ombudsman is absoloutely working towards banker customer disputes and grievances only.
The subject matter is entirely a matter between employer and employee
Mr Ravi you should write a detailed letter to the bank and ask for the same. Inspite of your letter if the banker not provide you with the experience certificate , your current employer may ask for the same from your previous employer.
Kumar Doab (FIN) 30 December 2011
You had not given the facts in your first post in this thread.
As per your latest post, your employer has declared you absconding and has issued a notice to you.
If your current employer (private bank) asks for work experience/service certificate from your previous employer
(private bank) your previous may post adverse comments, as your previous employer has decided to proceed against you. If it happens you shall need to defend you from your current employer and proceed against your previous employer and obtain a printed retraction.
You may satisfy your current employer with copy of your appointment letter, salary slips, acceptance of resignation, NOC -clearance formalities completed by you.
If you are on good terms with your reporting authority who has issued acceptance of resignation, you may obtain experience certificate from him.
You must reply to the notice issued by your previous employer, meet them in person and clear the bad air between them and you, and strive to obtain your due certificates.
If you are not able to do it on your own, you have the option of following legal route.
Valuable advice of learned experts/members is sought.