satyanam r (Consultant) 25 August 2013

Legal action against employer

Hi Experts,

Can anyone tell me the process of taking a legal action against a private sector company? Is there any law under which we can take legal action if the employer is not issuing Experience letter to the employee despite serving the full notice period?

Thanks and regards

Soumya

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2 Replies

Advocate Ravinder (Advocate/Attorney) 25 August 2013

Issue legal legal notice through your Advocate, even there is no response, then file case in Labour commissioner.

Kumar Doab (FIN) 26 August 2013

Mr. Ravinder.P has given valuable advice. Kindly follow it.

Legal notice by lawyer helps to drill sense into the heads and much time sense prevails.

The lawyers are also skillful at arbitration, conciliation, mediation, and some of the lawyers are exceptionally good at it.

So after the legal notice the lawyer can resolve the matter in favor of employee without the need for litigation.

You are in which state? The redg. Office/HO of the company is in which state?

Does the company have its certified standing orders and has it extended these to your designation? What is line of business of this company?

{{{{{ Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.

Your state might have issued the notification to this effect.

e.g; Kerala

You may go thru:

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM

State of Karnataka has ended the blanket exemption granted to IT companies from provisions of Industrial Employment Standing Orders Act.}}}}}

>>>> Service Certificate:

Model Standing Orders:

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.

You may also go thru clause 14, 15, 17, 18…………….

There are many threads which you may find relevant e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp

https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhsBnNKAqWM

https://www.lawyersclubindia.com/forum/My-rights-to-experience-certificate-and-relieving-letter-85885.asp

https://www.lawyersclubindia.com/forum/My-company-is-not-giving-me-experience-letter-87033.asp#.UhsCANKAqWM