Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Baji Rahaman (Sr. Consultant)     02 December 2013

Organization is not providing my experiance letter

HI Sir,

I joined in one of the MNC named some AAA in India around 7 years back and worked there for around 2.9 years. At the time of leaving the company i got relieving letter from the organization (not the experience letter ). Later i joined in several companies and shown then my AAA releaving letter and they are happy  and took me into their firm, but no where they asked for experience letter of my AAA company.

As a part of my career growth Recently i requested AAA company to provide the experience letter.But they are asking me to provide my either PF Settlement in their organization which i never done or full & final settlement letter which i lost.

I requested them to provide the Experience letter based on offer letter and relieaving letter that  am holding with me.But they are not willing to provide.

Please suggest me how to proceed.

 



Learning

 5 Replies

Kumar Doab (FIN)     02 December 2013

 

Provide them Employee Code Number, copy of appointment letter, resignation, acceptance of resignation, relieving letter and this should suffice.

 

 

 

In addition if you can and if you want provide first and last salary slip, PF account slips of last year of employment.

 

Usually the companies do not issue service certificate but issue relieving letter and incorporate DOJ, DOL, Name, Father’s name, DOB as per record, Last address, Designation period of service and state that employee has been relieved.

 

This serves the purpose of both service certificate and relieving letter.

 

The service certificate is stated in Model Standing Orders and should be issued and supplied to each employee on last day in office or within 2 days. Quote the reference and demand it to be supplied by redg. post at your permanent address as in company’s records. The employer is personally held responsible for faithful observance of standing orders.

 

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.

17.  Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

 

 

Some e employees perceive ‘Experience Certificate’ as a certificate showing designation, KRA’s, nature of duties/assignments/projects handled etc............................

 

 

After 3Y the funds in PF a/c shall stop attracting interest and a/c shall become dormant.

Therefore it is advisable to visit APFC/PRO in nearest PF office and activate/transfer the PF a/c to current employer.

 



[1] Subs by ibid


Attached File : 469531974 model standing orders industrial employment standing orders rules.pdf downloaded: 80 times

Baji Rahaman (Sr. Consultant)     02 December 2013

Thanks for the reply sir.

Actually i told them that i will provide my relieving letter and the offer letter along with employee code ( As i am not having first and last salary  slips).But still they are saying that it is not possible to provide the experience letter.Apart above mentioned two document i don not any other details as i left the organization long back. 

 

Also i am getting answer like it is very difficult to get the details from their database. As such a big organization i don't thing that is the right answer that people should get.


Can you suggest me in this case. Thanks in Advance.

Kumar Doab (FIN)     02 December 2013

Instead of saying, telling i.e. verbal mode adopt written mode now and write to MD wit a copy to Head-HR.

 

Narrate all previous representations and mention date, names, phone numbers etc............

 

Provide them Employee Code Number, copy of appointment letter, resignation, acceptance of resignation, relieving letter and this is sufficient and demand service certificate and cite reference of Model Standing Orders too highlighting that employer has not ensured faithful observance of standing orders.

 

If they do not respond to written communication submit a reminder with a copy to Inspector under Shops and Commercials Establishments Act, Labor Inspector, Labor Commissioner, Trade Union and your lawyer/law firm.

 

If still they do not respond and resolve let your lawyer issue a legal notice.

Thereafter your lawyer may pull them to court.

 

You can also approach Trade Unions at your location.

 

 

Baji Rahaman (Sr. Consultant)     02 December 2013

Thanks a lot for your valuable suggestion. I will proceed as you suggested.

This is my last query and forgot this to share earlier.

Actually full & Final Settlement is happened at the time of relieving from AAA organization.Somehow i lost those documents (Experience, PF Closure documents and full & Final settlement Docs).

Now I am requesting them to provide experience letter once again.So for that reason they are asking this many reasons.

If they not respond properly after sharing my offer letter,Form 16 and relieving letter, i am planning to proceed as you suggested.

Please let me know is there any change in the suggestion given by  you based on my new query.

Kumar Doab (FIN)     02 December 2013

They must have kept a copy of the “Experience, PF Closure documents and full & Final settlement Docs” issued to you in your personnel file maintained by them and can recreate the originals in back date or current date.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register