Denial of issuing service/experience certificate by employer

1.      NO

2.      YES

You have posted that “Now the company is denying to give his Service/Experience certificate stating the ground that he has resigned on Personal grounds.”

Who has made this statement on behalf of company?

Is this statement in writing?

Employee should record such statements {audio/visual. Mobile is handy at such times} and keep witness/evidence. The employee may try again, approach these company personnel and let him/her make this statement again in presence of witness and thus have evidence. Let some trade union leader/advocate be present also.

Has the company provided a list of reasons of separation in its appointment letter/ standing orders?

If not these company personnel littering nuisance be charged of vomiting and spitting their wicked mindset and though at workplace.

Service conditions are expressed in standing orders/appointment letter.

Employer should display standing orders at notice board/near gate/entry and make printed version available to employee against nominal charges say Rs.10/.

As per provisions of IESO Act/Model Standing Orders;

SCHEDULE I

[1][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 [2][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

The employee may submit a representation addressed to good offices of appointing authority, MD, Chairman, Company secretary narrating the representations made so far mentioning the dates and names of company personnel and minutes of discussion, and demand payment, correct FNF statement, correct last salary slip, form 16 as per correct FNF statement, work experience/service certificate, relieving letter as per correct period of service, PF a/c slips as per correct period of service, by redg. post so as to reach you in say……7days.

If the good offices also do not provide any relief you may approach a competent and experienced labor consultant/service lawyer with copies of all documents and record and you lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Designation alone does not decide employee is a workman or not.

If the employee is not a workman he/she may have to agitate in a civil court.

The company may yield to legal notice of your lawyer or demand notice thru conciliation officer, or the employee may have to approach court of law.

You may proceed under expert advice of your lawyer and as deemed fit at your end.

Valuable advice of learned experts/members is sought.

Thank you Kumar Doab for your detailed reply. But my friend is not a workman. He is an officer. If so how different the case may be?

Kindly give a reply.

You may provide more details:

“Is the denial of company issued by statement in writing?”

Has the company issued acknowledgment of notice of resignation/resignation in writing?

Has the employee submitted any representation in writing under acknowledgment to good offices?

Has the employee signed any service agreement/bond with the company?

What would be the reason for denial by company as per assessment of the employee?

Otherwise in employment contract employer mentions that services of employee can be terminated without assigning any reason. Likewise employee can also terminate the contract and may affirm to tender penalty if any e.g. notice pay ……

The employee may submit a representation addressed to good offices of appointing authority, MD, Chairman, Company secretary narrating the representations made so far mentioning the dates and names of company personnel and minutes of discussion, and demand payment, correct FNF statement, Payment of FNF dues by bank DD, Gratuity { submit FormI under acknowledgment} correct last salary slip, form 16 as per correct FNF statement, work experience/service certificate, relieving letter as per correct period of service, PF a/c slips as per correct period of service, by redg. post so as to reach you in say……7days.

If the good offices also do not provide relief the employee has again shown character by trying to get relief amicably from internal mechanism of the company.  

As already suggested employee may approach a competent and experienced labor consultant/service lawyer with copies of all documents and record and proceed under expert advice of the lawyer. The company may yield to legal notice of your lawyer or employee may have to agitate in a civil court.