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Kavitha (XX)     27 February 2014

Experiance certificate

Hello Sir,


I worked with well know MNC Company. I have resigned my job now.

I notified my employer regarding my separation on 10th of Dec and till 10th of Jan,14 I served the notice period.

My HR didn't conducted any exit interview since it is systemised, when I called on her 9th of Jan, she just shared the checklist to get the clearance.  I have completed that process too.

When I meet the saparation team, they instructed me to cancel my VISA which is processed thru that company to get my service certificate.

After many followup now that HR is projecting like, she instructed me to do, because I didn't share the information clearly Its was not done.

And telling like its will take minimum 12 week to cancel the visa and inturn I will get my service certificate after 12 weeks.

I resigned my job to support my kid since my husband is in abroad and planning to relocate.

Now I was not able to do any such planning..

Kindly guide me is there any way to approach the company legally to get my service certificate.

Thanks in advance.



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     27 February 2014

If company is not cooperating you.

You can prove this through salary slip/detail.

If you have not salary details. Ask the list of employees of particular tenure, working in your establishment from the concerned epf office  under RTI.

Sanjeev Kumar Baliyan (Advocate & Consultant)     01 March 2014

Hi,

You can give legal notice to your employer as per the term and conditions of your employment and company policy for providing you experience certificate.

Thanks

Adv. Sanjeev K Baliyan

9971589511

T. Kalaiselvan, Advocate (Advocate)     01 March 2014

If you complied with the employment conditions as per appointment order for resignation and if you find that the conditions/terms/rules have been flouted by the company and that you are unnecessarily harassed for no fault of yours, a legal notice to the company demanding your requirement will be able to solve most of the problems.Try that.

Kumar Doab (FIN)     02 March 2014

Go thru appointment letter issued to you, HR policy/service rules and regulations stated in it that shall govern the employment and clauses on process/rules on separation or exit policy etc and relate the exit formalities explained to you and completed by you.

 

Since you have been complying nothing is pending to be done at your end and you should claim it too.

 

If HR is interrupting then it might be due to the employer's policy for HR also.

Therefore it shall be appropriate to address all representations to goo offices of appointing authority, MD.

 


 

 


Once you have related the minutes of discussion, representations, guidelines issued to you and implemented by you should be detailed…………………….in writing under proper acknowledgment.

If VISA needs to be cancelled by employer then you have NO interference or control in it.

The employer should have initiated and filed for cancellation ……………..say within next working day after acceptance of resignation…………………

Service certificate should be issued preferably on last day in office.

Like majority of the employees you have also transacted verbally that is not on record.

Employee should build favorable written record.

If standing orders are applicable to the establishment and are certified and cover your designation then these may be examined. Being an instrument of law it shall prevail upon any private agreement that employer might have signed with employee.

If standing orders are applicable to the establishment and are not certified Model Standing Orders shall apply. Having statutory force it shall prevail upon any private agreement that employer might have signed with employee.

 

If Model Standing Orders shall cover your designation then you may refer to:

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.

 

 

As advised by experts let your lawyer handle the matter and get relief for you.

preeti (IT consultant)     25 March 2014

Hi, I left an organisation without serving notice for 2 months. After 3 months, I was told to pay the full and final amount to get the documents via company hr mailbox. I paid the required amount. Then the company did fraud to me and refused to provide documents saying that I haven't served the notice. I consulted some lawyers and sent a legal notice to them. However they are not replying on that too. What should I do now? New company requires documents on urgent basis. Please help!! The US based MNC is in Noida.

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