atul (Software Developer) 24 November 2011

Experience certi

Hi,

I was offered my my employer in Oct 2009 as Trainee in his company with out any salary. But he didnt provided me any offer letter and appointment letter. And after 4 month, he started giving me salary in cash. But still I didnt get my letter. When after few month , when i didnt get any letter I left the company and joined other company. Then in Feb 2011 , my previous employer called me again and asked to work in his company again. This I joined back my 1st employer again with increased salary, but still without any offerletter, appointement letter and salary slip. He promised me that he will provide me offer letter dated oct 2009 but he didtnt . Now when I resigned in Nov 2011, now he is not providing my any experience certificate. He is blackmainling me that he will not provide me any appointment letter and exepirce certificate and will give negative feedback for any enquiry. Although I didnt have any appointment letter, but still I was ready to server 1 month notice period. He didnt accepted my resignation and told me that my notice period will start from the date when he accepts my resignation.

I dont know what to do? I will loose my 2 yr of experience. I have only I-CARD, attendence and mail Id of company as proof of employment and nothing else.

Thanks

atul

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5 Replies

Kumar Doab (FIN) 24 November 2011

Fault is yours.

You on your own are not able to negotiate with your employer.

You may try by involving elders, influential citizens known to your family.

You may visit o/o labor commissioner/wages inspector and lodge your grievance.

This may give you negotiating arm.

In all probabilities you shall get work experience certificate based on attendance record, ID card mail id and emails exchanged with company. It is believed that so far your employer has not issued any email/ communication leveling any charge. If the employer gives negative feedback with vindictive approach to affect your employability, source of livelihood, you can also sue him.

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atul (Software Developer) 24 November 2011

Thanks Kumar,

That I understand. But what should I do now.

I think, I am waisting my time this office. I have resigned on 17th Nov but he has not accepted that till now. He is saying that my notice period will start after he accepts my resignation. Should I continue going office till 17th Dec
(which according to me completes my notice period). What shoult I say in my next interviews for emloyement?

Kumar Doab (FIN) 24 November 2011

Do you have acknowledgment of submission of resignation?

Your priority is to get work experience certificate.

You may yourself or under guidance of elders in the family/competent and experienced well wishers/lawyer-law firm approach employer or o/o labor commissioner/wages inspector and lodge your grievance.

You have to take some steps. Choice is yours.

Advocate Vishnu (Advocate) 26 November 2011

Dear Atul,

Where is the question of notice period when you have not been given proper appointment letters/order..?

you can use the e-mail records of your resignation as proof, if the next company insists on it. Nothing to worry- section 12 of IT act of 2000, recognises this mode of communication.You can use your attendence,e-mail correspondence and your I-card as proof of your previous employment.Keep these documents safely .

V. VASUDEVAN (LEGAL COUNSEL) 26 November 2011

Please provide the date of joining (training period on wards, the break in between the date of leaving (intended) also the location of your registered office and the place where you, total number of employees etc.

vasudevan