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Mahi   09 April 2020

Employment experience certificate not giving-what remedy?

Dear friends,

My employer is malicously not issuing me my employment experience certificate, because of it i am unable to get new job, so what legal options i ahve to sue the employer for the dameges .And whether i shall approach Labour Court or Civil suit

Regards

Mahi



Learning

 6 Replies

Dr J C Vashista (Advocate)     11 April 2020

You have posted similar questions earlier, some of them are:

Appeal in industrial labour court Others 20 August 2018

P.F. and Salary settlement Labour & Service Law 20 August 2018 P.F. and Salary settlement Labour & Service Law 20 August 2018

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Pharma mnc illegal separation package---- is it legalise? Labour & Service Law 28 February 2017

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Pharma mnc illegal separation package---- is it legalise? Labour & Service Law 27 February 2017

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Pharma mnc illegal separation package---- is it legalise? 

What is the actual problem for consideration and obligation ???

Mahi   13 April 2020

Mr.Vashishta ji First of all Namaskar ,

                                                             My actual problem is i have reached out an agreement with my employer in march 2017 and till date the said agreement terms are not fully fulfilled and there by i challenged its basic legality and dispute is pending in Labour Court.

                                                            My concern is my employer has not issued me my experience certificate and is neither acting on my requested repeatedly and resulting which i am facing problem in getting alternate employment because of such papers and employer is maliciously not issuing to me so that i remain unemployed and for that what is legal remedy for me to sue the employer.

                                                          Regards

Sudhir Kumar, Advocate (Advocate)     15 April 2020

There is no remedy to compel employer to issue experience certificate.

Ritesh Maity (Labour Law Advocate)     19 April 2020

There is no legal provision that can compel the employer to issue experience certificate. 

Mahi   22 April 2020

can i sue them for that loss i am suffering as unable to find other employment

Ritesh Maity (Labour Law Advocate)     23 April 2020

Originally posted by : Mahi
can i sue them for that loss i am suffering as unable to find other employment

It will be pointless to sue them over the issue of not finding alternate employment. I think apart from spending money and time, it will not yeild any fruitful result (in repsect of alternate employment only) 


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