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Avinash.S.R (Application Engineer)     14 March 2013

Issue related releiving letter and experience certificate

Sir/Madam,

I am currently facing a dilemma over my Releiving letter and experience certificate from my previous company. 

I had been working over there for more than a year, due to unfavourable working conditions present in that company , I had to resign and move to a better job. At the time of my resignation, I made it a point to complete all the formalities as stipulated in my offer letter in which it was stated that I had to serve a contract period of 1year.

Though all these conditions were met, I was not given my Releiving letter and experience certificate. Any amount of persuasion or request-in-person has always resulted in a very hostile response from them. Ultimately not succedding to try and resolving this issue in an amicable manner, I was suggested to take up this issue through Legal channels. Fortunately my present company is not demanding any of these documents, but still i would want these documents so as to have a safe career.

Now, I am not sure that if I were to take up this issue legally, whether its impact on my career would be positive or negative? Apart from this I was wondering if it is possible to not to show the 1year experience with future employers, if so what are its consequences?

Please let me know your thoughts on this issue, I would be much obliged.

 

 

Regards

Avinash



Learning

 9 Replies

Kumar Doab (FIN)     14 March 2013

Till you succeed to get work experience/service certificate, keep appointment letter, notice of resignation and its acceptance, final resignation and its acceptance, last salary slip and all previous ones, acceptance of resignation, FNF sheet, FNF payment proof, Form 16 as per FNF statement, NOC obtained from all dept of the company, acknowledgment of company property/hand over of charge……..safely with you.

Submit a gentle representation addressed to your appointing authority, MD, Chairman, CEO, Company Secretary and conclude that you have adhered to your contractual obligation e.g.; “complete all the formalities as stipulated in my offer letter in which it was stated that I had to serve a contract period of 1year.”, handed over the charge/company property properly on dated…….to Mr/Ms…..designation………dept…..address and nothing was due at your end, and company relieved you with farewell and good note on dated……….

You may highlight the certificates of commendation issued to you during employment.

And that you have communicated in person/by phone/by email/letter etc………..on dated……….. Mr/Ms…..designation………dept…..address (give full narration) and requested to supply you the work experience/service certificate, however it has not been supplied to you till date and request for intervention of good offices to supply you the same in say…..days.

As per IESO Act/Model Standing orders the service certificate should be handed over by last day in office.

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.

 

One of the duties of the Inspector under SE Act of the state is e.g.;

SE Act Delhi;

37. Powers and duties of the Inspector.—

COMMENTS

(b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no  dues payable under the Act or Rules have been withheld;

SE Act does not incriminate between work man and non workman and is applicable to all employees.

The Inspector may help you to get the certificate of service too.

Relieving letter signifies that nothing is due against employee and employee has been properly relieved. You may take care that if you want relieving letter too then good comments are posted and relieving letter is not issued without comments or with adverse comments.

If the good offices also do not yield to your representations you may approach a competent and experienced service lawyer/labor consultan

1 Like

Avinash.S.R (Application Engineer)     14 March 2013

Sir,

Thank you for the quick response. I had already sent a "gentle representation" a couple of months back, requesting for my releving documents, but did not recieve any response. Further to this I met them in person, but was treated very harshly to my request.

I have my appointment letter and resignation letter. I also have an email communication from my HR, acknowledging my resignation, but unfortunately i have no clue why they are relenting to issue a releiving letter and an experience certificate in the official format.

Do you think it is possible for me to not show this period of employment, for any other employment opportunities?

Thanks again for the information.

Kumar Doab (FIN)     14 March 2013

Relieving letter signifies that nothing is due against employee and employee has been properly relieved.

Your current employer has accepted you without relieving letter. Future employers may/may not.

Appointment letter, notice of resignation and its acceptance, final resignation and its acceptance, last salary slip and all previous ones, acceptance of resignation, FNF sheet, FNF payment proof, Form 16 as per FNF statement, NOC obtained from all dept of the company, acknowledgment of company property/hand over of charge…may get accepted as good as proof of relieving, experience.

Apparently your past employer has not issued even acceptance of resignation.

If you wish to apply for foreign appointment the work experience/service certificate, relieving letter may be asked for.

You have posted that:

“Further to this I met them in person, but was treated very harshly to my request.”

What are the underlying issues?

If you have already submitted a gentle representation to HR escalate to good offices, and chase them with say a 1-2 reminders.

If your past employer was IT/ITES Company then it is covered under SE Act.

Some states had granted blanket exemption to IT companies from provisions of standing orders, some had not. In State of Karnataka which had granted exemption in previous years, now all companies have been directed to submit draft standing orders up to Dec2012.

Trade unions have been calling upon to organize the IT employees and some trade union may be of help to you.

In Maharashtra where SE Act Bombay is applicable:

^[??-?.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman. Don’t conceal anything from your lawyer, and understand the strategy formulated for your case and proceed under expert advice of your lawyer.

The company may relent on receiving legal notice from your lawyer, notice by lawful authority, or you may have to agitate to lawful authority, court of law.

If good offices of the company donot provide releif then why should a harassed and suffering employee hesitate to go to court of law and lawful authority in the state?

 

 After all courts and State isParens patriae or "parent to the nation."

 

Valuable advice of learned experts/members is sought.

1 Like

Avinash.S.R (Application Engineer)     15 March 2013

Sir,

Thank you for the information.Coming to your question of "What are the underlying issues"

-I was assigned a particular project (defense project), its duration for completion was 2years. My contribution to the completion of the project was asper the gantt chart prepared, hence the people who were overseeing the progress of the project were pretty much satisfied. But my rapport with the technical manager was not good, as there was constant harassment from his end over many small issues, owing to this reason i had put in my resignation, unable to bare any more harassment as it had led to significant amounts of depression for me (similar situation with other employees who resigned, but they recieved their releiving documents).

Another thing what is meant by FNF sheet, i do not have it, i do not have the NOC as well, as I was not allowed to take a copy of it. I do have my Form-16.

Sir, If i do decide to go to a competent lawyer on this issue, can you give me an idea what can be the time duration it can take to get this issue resolved? Also a basic estimate at the expenses related to the lawyer that I would be dealing with?

Your advice is most helpful, thank you very much.

Regards

Avinash

Kumar Doab (FIN)     15 March 2013

--FNF sheet: Full and Final Statement.

--“If i do decide to go to a competent lawyer on this issue, can you give me an idea what can be the time duration it can take to get this issue resolved? Also a basic estimate at the expenses related to the lawyer that I would be dealing with?”

Your lawyer shall be best placed to comment on it.

Avinash.S.R (Application Engineer)     22 March 2013

Sir, is it possible for you to refer me to lawyer in Bangalore who specialises in such issues, it would be very helpful. Thank you

Kumar Doab (FIN)     22 March 2013

If you wish to avail the services of a LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UUv2qEpFZ_4

Your near and dear ones can also guide you to a competent and experienced labor consultant/service lawyer. In each city there are few lawyers who practice in labor /service law only and specialize in it and they are well known. Some lawyers may prefer to take up employers and some may prefer to take up employees cases.  

As per the attached publication all IT companies in Karnataka were instructed to frame their standing orders and get these certified and till then model standing orders shall apply.

You may check with Certifying Officer (DLC) o/o in Labor Commissioner at Bangalore, and also Asst. Inspector/Inspector/Addl. Inspector/Chief Inspector in SE Inspectorate, whose address/contact details may be available at Dept. of Labor website of your state. If model standing orders would apply, then you may refer to following for recourse:

{1.}  If IESO Act is applicable to the company and company has framed its certified standing orders quote from it or if standing orders are not certified quote from Model Standing Orders:

13.          Termination of employment:

(3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

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.

Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman.

 

SE Act Karnataka:

15. Annual Leave with Wages:

(13)………………..where an employee quits his employment on or before next pay day“

(This should also imply service along with service certificate for the purpose of full FNF settlement.)

List of Labor Officials and Trade union in Banglore/Karnataka is attached.

You may find it useful.

Valuable advice of learned experts/members is sought.


Attached File : 351591097 list of labor officials in banglore.doc, 351591097 trade unions in karnataka.doc, 351591097 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 163 times

Kumar Doab (FIN)     22 March 2013

Avinash.S.R (Application Engineer)     22 March 2013

Sir,

Thank you for the valuable information

 

Regards

Avinash


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