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Sathish A   21 August 2016

Getting experience letter from tcs

I am Sathish. I have been working in TCS from 2012 and completed four years in TCS. I have signed service agreement with TCS for two years. And I have sent resignation mail on May 17th 2016. That was accepted by TCS. Later they have arranged separation/retention meeting with me, in that meeting they have offered on-site opportunity if I am ready to revert my resignation. Based on this, I have sent mail for reverting my resignation by mentioning onsite offer on Aug 05th 2016. Now I am asking for the onsite offer, but they are not responding my mail even though i have escalated. Hence I have sent mail like I will be leaving the TCS as you have given false promise and i have served my notice period of three months. But they are threaten me like you won't get your experience letter from TCS and they will blocklist me, so that I can not get any job. Please help me how to proceed further to get experience certificate from TCS. Thanks in advance.


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 15 Replies

adv.bharat @ PUNE (Lawyer)     21 August 2016

Satish is there is any written communication that they will give u experiance certificate?

If yes then u can send them notice through lawyer to get it. 

Kumar Doab (FIN)     21 August 2016

" But they are threaten me like you won't get your experience letter from TCS and they will blocklist me, so that I can not get any job."

 

Is this threat in writing?

Is this threat verbal?

Did you record it (audio/visual/witnessed/minuted)?

Are you a member of employee's/IT-ITeS employee's unions/Trade Unions?

 

 

Sathish A   21 August 2016

Hello Sir,

Threat is in verbal only, I don't have proof for that. But I have mail proof for my resignation initiation, onsite offer given during the meeting, resignation reverting mail based on their pushings. 

I have doubt that, can I leave the TCS by sending mail like I have served more than 90 days of notice period?. If I leave the company like this, is there any chance to get experience certificate from the company legally?.

Regards,

Sathish A

Kumar Doab (FIN)     21 August 2016

You have not replied to all points e.g;

'Are you a member of employee's/IT-ITeS employee's unions/Trade Unions?'

 

It is in your interest to generate irrefutable evidence.

Are you a member of NSR and have you shared the PIN with employer?

You were at which location/state?

What was your designation and nature of duties?

90days notice period may not be neccessarily applicable in your case evewn if it is inserted in appointment letter?

 

The "mail proof for my resignation initiation, onsite offer given during the meeting, resignation reverting mail based on their pushings.' etc cited by you ned to be eamined along with your employment related documents!

If you were coerced/forced/intimidated and you have the evidence then you may have merits.

 

Have you consulted your own Labor Law Cosultant/service matters lawyer? If yes what is opinion of your own counsel?

 

 

 

Sathish A   21 August 2016

No Sir, I don't know about this IT-ITes employee's unions/Trade Unions. Hence I think I am not a member of above unions.

But I am a member of NSR. I don't know that what you meant by PIN.

I belongs to chennai, Tamilnadu. And my designation is IT Analyst and my nature of duty is tester in IT.

In appointment letter, it is mentioned that one month of notice period. TCS has recently revised its policy like employee has serve 90 days of notice period.

No, I have not consulted any Labour law consultant regarding this.

 

Regards,

Sathish

Kumar Doab (FIN)     21 August 2016

Ignorance is no excuse.

It is your career,life that is being affected.

It is you that has to be properly informed.

Employee should always retain access to a very good counsel, specializing in Labor/service matters.

Unions are there.

Go thru:

https://www.lawyersclubindia.com/forum/Background-verification-141122.asp

The unions have taken up the matter of Blacklisting;

Go thru:

https://www.lawyersclubindia.com/forum/Blacklist-by-nasscom-66328.asp

https://www.lawyersclubindia.com/forum/Current-employer-reporting-manager-threatening-me--93495.asp

and many other threads at:

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=Threat+of+blacklisting+by+employer&B1=GO

 

If you are a member of NSR ( on demand verbal or in writing) by the company then you might have shared the PIN/access cose to your profile at NSR with HR/Manager/employer.

 

If yes; they may access and post comments on your profile.

 

Therfore it is neccessary for you to build irrefutable written record NOW and ASAP to defend your long term interest.

 

Did you give acceptance to revised policy of TCS i.e. increasing notice period to 90days?

 

It is felt that you may be covered by th derf. of 'Workman' as in ID Act and 'Employee' as in Tamilnadu Shops & Estbs Act.

And you can approach Inspector appointed under Tamilnadu Shops & Estbs Act, o/o Labor commissioner, preferably thru your own unions and counsel.

 

The unions and counsel may resolve the matter by thier skills and without litigation.

Do you know any good counsel in Tamilnadu/Chennai?

 

P. Venu (Advocate)     21 August 2016

As matters stand now, your resgnatons stands accepted unless the company accepts your offer for retention and conditions thereto. You have the choice to withdraw offer till the acceptance is communicated to you. It is only a natural corrollary that company should complete the formalities and give you the experience letter.

Kumar Doab (FIN)     21 August 2016

Service certificate has to be issued;

You may go thru and pick up relevant points:

 

https://www.lawyersclubindia.com/forum/Employee-harasment-want-to-quit-company-141059.asp

 

Sathish A   22 August 2016

Today, I have discussed with HR regarding my separation from TCS. But they are saying that I have serve one more notice period of 90 days, since they are saying I have sent a mail for reverting my resignation. But I have mentioned that "you are offering me an onsite offer, hence I am reverting my resignation". Now I am afraid that they may delay in providing my experience and relieving letter, If I proceed legally. And I felt they may spoil my carrier. I have doubt that they too may go through an advocate for legal proceeding stating that "you have reverted your resignation by sending mail. If you want to resign, you have to adhere the TCS policy and serve one more 90 days of notice period". Help me to come out of situation and get my experience certificate from TCS.

Regards,

Sathish A

Kumar Doab (FIN)     23 August 2016

You have posted that:

 

” And I have sent resignation mail on May 17th 2016. That was accepted by TCS. Later they have arranged separation/retention meeting with me, in that meeting they have offered on-site opportunity if I am ready to revert my resignation. Based on this, I have sent mail for reverting my resignation by mentioning onsite offer on Aug 05th 2016. Now I am asking for the onsite offer, but they are not responding my mail even though i have escalated. Hence I have sent mail like I will be leaving the TCS as you have given false promise and i have served my notice period of three months. ………………………………………But I have mentioned that "you are offering me an onsite offer, hence I am reverting my resignation………………………………………………….Help me to come out of situation".

 

You have been thoroughly helped.

You may read the posts carefully and slowly, again.

By reading and discussing with your own counsels, you should be properly informed.

If you are unable to resolve by your own skills, approach your counsels.

Finally; It is your job, career, life and you may proceed as deemed fit to you, at your end.

 

 

 

sandeep (pvt service)     26 August 2016

sir kumar doab, request your kind advise, i am working for a IT company in BPO sector, company is always threatening with not meeting targets, forcing people to come on saturday and complete the targets, no pay is given for working on saturdays and extended working hours on weekdays as they say that targets are not met, so you will have to come or extend your working hours to complete your targets, also, they are providing with broken chairs due to which i am suffering from spondilytis, HR never listens to us. managements is creating mental pressures for meeting targets, i want to know where can i complain anynomously as if i complain, company will harrass me and make my life hell even if i leave that job and go somewhere else as they will blacklist me in the job market, but i want to complain against them. without giving my name. they are setting unrealistic targets and forcing people to work on holidays to meet targets and not paying money and providing broken chairs.

Kumar Doab (FIN)     26 August 2016

@Sandeep,

Download evidence of everything (audio/visual/minuted/witnssed) so that you can claim OT, compensatory off, hrassment at workplace.

 

There are employee's unions in your sector too and trade unions are willing to embrace.

Complaints can be lodged with Labor Commissioner, Inspecotrs appointed under Shops & Estbs Act,Payment of Wages Act,Higher Officials of Dept. of Labor (State/Central), Ministers, CM,PM, media  etc etc,

 

 

1 Like

sandeep (pvt service)     26 August 2016

@kumar doab...thank you very much sir for your reply, want to know, can i make an anaynomous complaint?, i cannot give proof because we are not allowied any devices in the shop floor so cannot record anything, overtime records are not kept by the company, so cannot prove that also, can i complaint anynomously to the inspector of labour? thanks sir


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