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If you have reconfirmed and reassured that all details provided by you at the time of joining are absolutely correct, then you have all the reasons to contest the contention of the company, demand copy of the BGV report on the strength of which company has posted adverse comments in relieving letter and challenge it.
Even if HR has shared accidently BGV report that failed, it has reached you from authentic source i.e company.
If this report is erratic, you have all the reasons to agitate and protest, with a claim that although you have been highlighting the errors company has willfully and intentionlly proceeded to step on your toes and has killed your employability and source of livelihood.
your BGV conducted by in house, third party BGV team,has been succesful 5 times in 4 years. Moreover Homeland sequerities has verified your employment and criminal details.
You have posted that "Wipro has outrightly stated me verbally that they will not issue any experience certificate," Such transactions are usually posted verbally. You should place it on record by a written representation addressed to the god offices, with the name of personnel, designation,dept, address who has made this statement, and demand the certified copy of company's policy that substantiates statement of mr/Ms..............hence company, so as to reach you say within next 7 days by redg post only.It becomes company's statement.
Any policy/change in the policy by the employer should be in equity and for mutual benefit of the employer and employee, such policy/change in the policy should be published and circulated and within the knowledge of the employee. Company might claim at any point of time that it is thier internal policy to not to issue experience certificate if BGV fails. But has this policy been circulated/supplied to employee? You shall need to prove this beyond doubt that no such policy was ever published or circulated within your knowledge.
In releiving letter there is scope to add coloumn on Conduct :hence comments on conduct.
In case of service/work experience certificate the format as expressed in Industrial Standing Orders may be followed and coloumn on conduct can not be added, this could be the reason comapny is avoiding it. Relieving letter is issued post all settlements e.g. FNF, NOC/NDC,handing over the charge etc.
Employee can proceed to claim Experience certificate under Industrial Standing Orders,Contract law and even chase the company thru Chief Inspector as per SE act.
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 [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
[schedule I - a]
20. Service certificate.- Every workman who was employed continuously for a period of more than three months shall be entitled to a service certificate at the time of his leaving the service of employer.
(1) Service Record
(ii) Certification of service.- (a) Every workman shall be entitled to a service certificate, pacifying the nature of work (designation) and the period of employment (indicating the days, months, years), at the time of discharge, termination, retirement or resignation from service;
(b) The existing entries in para 16 of Schedule I and para 20 of Schedule I-A shall be omitted
Delhi Shops and establishments Act.
Employer to furnish letters of appointment to employees
Failure to issue appointment letters under section 34 of the Act to the employee amounts to 'unfair labour practice' resorted to deprive them of the benefits which accrue to them due to the length of their service; Bharat Mudranalaya v. Workmen, Delhi Gazette, dated 7-5-1970 (IT).
Inspection of Registers and calling for information
It shall be the duty of eve occupier of a shop or establishment to produce for inspection of an Inspector, all accounts or records required to be kept for the purpose of this Act, and to give any other information in connection therewith as may be required.
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