Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Biji   24 February 2017

Case of Insult

Dear all, My name is Biji and I am currently working in Bangalore. However my previous employer is in kerala. I require my experience certificate from this employer in a different format regarding immigration. When I mailed him this he called me a person with no courtesy and I really can't understand the reason for that. I feel really insulted and I really really want to know if there is any law which helps me with this. He has been the same during the days of my work since I was a fresher I was scared to respond. Now that I have solid evidence I want to take legal action. Will someone please we help me through this. Pleaseeeee


Learning

 6 Replies

Kumar Doab (FIN)     24 February 2017

Your issue is service certificate/relieving letter.

Karnataka and Kerala have employee's/trade unions.

Approach them.

 

Sudhir Kumar, Advocate (Advocate)     25 February 2017

there is no provision for compelling experience certificate.

Kumar Doab (FIN)     25 February 2017

Experience certificate; In other words ‘Service Certificate’.

Probably you are not aware that:

State of Kerala has included IT employees in Min. Wages. I have posted and attached notification in old threads, years back. You can Search thru Search option.

In State of Kerala: Kerala Government has brought all Commercial Establishments into the purview of Standing Orders’.

 

Standing Orders provide for 'Service Certificate' to each employee.

Standing Orders also provide for; Faithful Observance of standing orders by employer or employer itself can eb penalized.  

You may go thru:

https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp

and other threads mentioned in it and download.

Not only Kerala: Delhi has also placed notification on ‘Service Certificate’ on its website.

Karnataka: Has notified; ‘Grievance Redressal Committee’

IT-ITeS Employee’s Unions/Trade Unions, your own able counsel specializing in Labor/service matters, can take care of everything that you aim and need. 

Sudhir Kumar, Advocate (Advocate)     01 March 2017

Originally posted by : Biji
Dear all, My name is Biji and I am currently working in Bangalore. However my previous employer is in kerala. I require my experience certificate from this employer in a different format regarding immigration. When I mailed him this he called me a person with no courtesy and I really can't understand the reason for that. I feel really insulted and I really really want to know if there is any law which helps me with this. He has been the same during the days of my work since I was a fresher I was scared to respond. Now that I have solid evidence I want to take legal action.


Will someone please we help me through this. Pleaseeeee

Solid evidence for what?

There is no law on earth wherein you can compel employer to give exprince certificate that too on the format that you provide. It is only his goodwill.

Ritesh Maity (Labour Law Advocate)     01 March 2017

And what is the "solid evidence"? 

Kumar Doab (FIN)     01 March 2017

Generically speaking: Your requirement might be narration of designation and nature of duties performed.

Majority of the employers do not mention: nature of duties performed.

This can be settled mutually.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register