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Mariya Jose (engineer)     17 October 2015

Please help for getting experience certificate

Dear Experts ,

i joined in a mnc on 2012 as a trainee enginerr and later 2013 i promoted as Engineer.One of the major joining condition was i have to work minimum 3 year for the company , as per they insisted me to sign a non disclosure service bond for 3 year ,I did so. So 3 year gone like that and my monthly salary increment was just 3000 rs in 3 year.My first salary was18000 and last salary 21200.

even though my salary was less i did a good job for 3 year ( annual apprisal rating was good for all 3 year ) .My service bond got expired on may 2015 ,immediately i put a resignation paper to request to releave me from company within 30 Days notice period. Mean time i got another job where my salary is 2.5 times increased as 50000/month. As per appoinment letter after 3 year service bond it should be 3 months notice period  or salary in due.Since am giving only one month notice ,i expressed my wiilingness in writing for paying 2 months salary back to the company.Company not accepted the same and forced me to provide 3 months notice. i have mailed several times to all concerned managers and HR to allocate some new resource to this project so i can train them in 30 days and hand over all running projects to new resource.No response from any body.They are very much aware that new company will not wait for 3 months and the offer will expired by this time.

i have tried so many times with all concerned HRs ,but no body turned up. So i left the job after 30 days. After i left job i got a mail from HR saying they are not in position to issue any certifiacte since i have not completed all running projects.

Later i put a petition to the deputy labour commissioner bangalore for justice.After all conciliation meetings company agreed to provide releaving letter and experience certificate basis on final salary setllement. So as per final settlement statement i paid back my 2 month salary to company account NEFT for smooth transaction for this issue.

But company again cheated me , and mentioned in releaving letter that "my conduct was not satisfied". Comapny saying  i have not completed all the projects assigned and left . Its made huge revenue losses and reputation for the comapny . But the truth remains that its a long term project and i require minimum 2 year further to complete.

I cant produce this certificate any where since its having negative comment ,it will spoil my career.Labour office was also not happy with this certficate and they said will forward this case to labour court for further action.

Kindly suggest the labour court proceedings ,time lines .can i claim for any compensation ??

 



Learning

 4 Replies

advocatepassy@gmail.com 971794 (Advocate)     17 October 2015

Your cascade is genuine and it will be decided by the Labour Court. No one can tell how much time it will take. Please explain the whole case politely and briefly to your new management. They will understand
1 Like

Sudhir Kumar, Advocate (Advocate)     17 October 2015

You are already on the rightest possible track.

1 Like

Kumar Doab (FIN)     19 October 2015

Service certificate has to be issued to all employees.

You may go thru:

 

https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp

 

Your grievance is adverse comments.

The comments are made by company.

The onus to establish is on  company.

If there was an option of notice pay in lieu of notice period (as per enactments applicable and not just appointment letter) then either employer can terminate without notice period with notice pay in lieu of  notice period.........................without bothering if employee has any alternate employment.................................likewise employee can tender notice pay in lieu of notice period.................

 

Engage a good Labor Law Consulatnt/Service Matter Lawyer to poke holes in defence of the company.

1 Like

Mariya Jose (engineer)     19 October 2015

for better undestanding am revealing the company name QUEST Global ( Quality Engineering and Software Technologies " )


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