Astha (Application developer) 01 September 2013

Company change its name and thus not giving experience leter

Hello

Earlier my company was not giving me experience certificate because they were terminated me. But as per my knowledge even though employee is terminated, experience certificate must be given until employee does not sign any agreement .

Now they are saying that they had change their company name on 31st August and if they issue experience letter this would create problem for both of us.

Please give me legal advice..

Thank you

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2 Replies

Astha (Application developer) 02 September 2013

Please advice me .....

Kumar Doab (FIN) 02 September 2013

>>>>>

SCHEDULE I

[MODEL STANDING ORDERS:

13. Termination of employment.--…… (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

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.

>>>>> Change in name of the company does not seem to any justified reason for declinature……………………………..It is felt that all such transactions are verbal.

Employee should record such transactions (audio/visual).

The company can always state name of company……………………..(erstwhile or earlier …………………….name of company)…………………..

You may approach o/o Labor commissioner and your lawyer.