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Pavan   10 May 2017

I am not getting my reliving letter and experience letter

Hello sir/ madam I am working in a small company since from 10 months. Now, I am resigning due to some family problems. I informed my boss about this. He told me '' okay, you do for another 1 month, after that I'll relieve you". I did that notice period also, but now they are not giving experience and reliving letter. Unfortunately I don't have any appointment letter like that. Because they don't have that practice of giving appointment letter to any of the employees. But 1. I have bank account statement of salary (every month) 2. And one more thing, my name is also mentioned in their company profile. 3. They are taking attendance 4. Company id card This things I have.... Please any one help me proceed further legally. It's not only problem for me, it's for all my colleagues.


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 16 Replies


(Guest)

Sir, do serve a Legal notice from an Advocate# Balachander Reddy Advocate# 9959850723

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 May 2017

You can approach labour commissioner office and submit your grievance there. or else you can contact our brother advocates as above mentioned.

Pavan   10 May 2017

Thank for your replies experts

Kumar Doab (FIN)     10 May 2017

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 


What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 


Since how many months you are working? 


Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?


Kumar Doab (FIN)     10 May 2017

Have you tendered notice of resignation/period in writing under proper acknowledgment?

The said banl a/c is your personal bank a/c or salary a/c?

Download  record of attendance, peformance, leave, appraisals, apreciations,  etc etc . This and I.Card and even bank transfers  may help you.

All affected employees may join hands and stand as witness to each other if required.

Does employer provide PF number and a/c  slips/ESIC card ( if applicable)?

 

Some states do have enactments having clause on issuance of appointment letter.

Pavan   10 May 2017

Dear sir, Thank you for your reply sir 1.It's a small immovable property valuation company. 2. My role is - valuation engineer. 3. In that company initially 15-20 members were working, but now it reduced to around 10. 4. Every one faced the same problem sir. As of now nearly 20 members were left. 5. We are from Karnataka, Bengaluru 6. I am working since 10 months 7. Till date no, I had not received any notice from my boss. We are empanelled by the various bank for property visit. They are appreciated my work and in that some of them are informed through my boss, rest of them are directly informed. Even my boss also appreciate so many time, but he is changing is words now. 8. No, we are not members of any union. 9. No, i told my boss orally about resignation. 10. It's a salary account, created by them. 11. No PF facilities were provided sir. Thank you

Kumar Doab (FIN)     10 May 2017

Go thru:

 

THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961

1 [6A. Issue of appointment orders.—

39. Notice of dismissal.—

https://dpal.kar.nic.in/8%20of%201962%20(E).pdf

Kumar Doab (FIN)     10 May 2017

If you have tendered notice of resignation by ordinary post or in office submit a copy and  request that the notice period as demanded by employer verbally has been complied by you.

 

Otherwise the employer has not issued any appointment letter.

If it issues now write date besides your signatures.

 

 

Kumar Doab (FIN)     10 May 2017

Verbatim the Act does not lay down notice period for employee, except that if by an agreement it has been agreed upon and if it is entiles employee  .................."to more favourable benefits ".

 

NO such agreement or appointment letter or  award, agreement or contract of service exists in your case as per your post.

ID Act does not lay down any notice periuod for employee.

 

Start building irrefutable written record.

Remain amiable and gente.

 

 

 

 

 

 

 

Kumar Doab (FIN)     10 May 2017

If establishment had 20 employees then PF/ESIC should have applied and should continue to remain applied.

If by wage ceiling you are covered it should have been provided.

Go thru: THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS RULES

 

The establishment and employer has to submit various registers that contain enteries on wages/slips,DOJ-LWD,OT etc etc..................

The list  of employee's/trade unions is also available on website of Dept., of Labor, Karnataka. 

 

Kumar Doab (FIN)     10 May 2017

If you are covered by the def. of wages as in Payment of Wages Act then per Sec;13A the signed salary/wage slip should be provided.This Act does not discriminate between 'Workman' , 'Non Workman'.

Apply your skills and resolve the matter with employer, or approach Inspectors appointed under these Acts.

Employee's trade unions can help and support you.

Pavan   11 May 2017

Thank you experts for your valuable information.

Kumar Doab (FIN)     11 May 2017

Resolve the matter with your own skills and using the information and if required lean on employee's unions/Trade Unions, Counsels specializng in labor/service matters, Law ful authorities.

 

Kumar Doab (FIN)     11 May 2017

You are welcome.


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