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sureshkumar (Application developer)     29 May 2016

Postponing- offer and experience letter(1.5 months)

hi sir,    I worked in a small IT company (less than 15 employee) with 1.5 yr experience (completed my bond 1.5 yr period and notice period).


current employer disadvantages -
1. they will give offer letter and experience letter only at the time of relieving.
2. they did not provide salary slips for any of the employees. but they have created personal bank a/c for me (not salary a/c though it is a small company) for my salary credits.
3. at the end of the day of my notice period - they scolded me for being late to office in notice period days. then ''we ill call u so u can go now.''
5. now they r not ready to give my experience and offer letter in smooth way. when i ask - they are telling we r busy now we il give u by next week... again and again every week.(now delaying 1.5 month).


my question is -
1. appointment, experience and personal a/c salary statements(they ill not give any of the letterpad apart from these 3 letters) is enough ah to get mnc job?
2. no salary slip(i think bcoz of no pf , no ESI) ..... is it possible to get salary slip without pf, esi, and my salary <10,000 if so, will that salary slip ill be accepted by any new mnc employer?
3. still i didnt get my experience,relieving,offer letter, last month salary how do i proceed with current employer?
4. now 1.5 month delayed.. which experience end date should be in my experience certificate did i ask to put 1.5 month(delayed date)  as end date or only relieved date should be mentioned?
please help me...



Learning

 17 Replies

Ritesh Maity (Labour Law Advocate)     29 May 2016

ESI/ PF/ Gratuity etc. are statutory compliances and it does not matter whether your compnay is providing you salary slip or not. If your company is covered under these statutory acts, then you are automatically entitled to such benefits. 

 

From your query (which is somewhat unlcear to me still) I believe that after serving 1 year and 6 months, you have resigned and have no outstanding dues. Only you require is an experience/ relieving letter, right?

There is no law stating that company is bound to give you experience/ relieving letter. If the company does not give you releaving letter then you can prove your tenure of employment by providing your appointment letter and resignation letter. If you want to prove your last drawn salary, then you can furnish the bank statemtn to your new employer. 

I am unable to find any legal issues in your queries right now. I am also unable to predict whether your new employer would accept you or not basing on whatever documents you can produce.

1 Like

sureshkumar (Application developer)     29 May 2016

thanks for ur reply sir...

 yes sir i need my experience documents..  

when i contacted my current employer they says "we are busy now we will inform u if ur documents is ready" so, they are not busy that much with anything, they are simply delaying my experience certificate..  and i send mail asking my experience and last month salary but they are not replying.....  

my question - bcoz of their work they are delaying my documents (1.5 month).

in my experience certificate, which experience end date should be metioned?

can  i ask to put 1.5 month(delayed date)  as end date or only relieved date should be mentioned?
please help me...  

Ritesh Maity (Labour Law Advocate)     29 May 2016

Your experience letter should contain the last date of your working. If your salary is also outstanding, please write to the company with registered post and keep copy of all documents for future reference, if required. 

Kumar Doab (FIN)     29 May 2016

For a proper response, While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation ( Noted: YOu have posted that there is a strange and unethical practise of issuing offer letter during exiting from company. What was issued to you offer letter or appointment letter or nothing?).
 

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?


You were in which state ?


What is this establishment; Commercial/Industrial (Noted; It is IT company) ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary (Noted; <Rs.10000/month)?

 

You were under probation/confirmed?

 

What is the notice period mentioned in appointment letter?

Do you have acknowledgment of notice of resignation and its POD?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to offcie?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

 

Has employer supplied anything to you in writng, till date?

Did you record the calls etc?

What was the max. number of employees this company had any point of time?

 

 

 

Kumar Doab (FIN)     29 May 2016

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137752&offset=1

Kumar Doab (FIN)     29 May 2016

Why to repeat?

Sajadh   29 May 2016

Hi, This message is to bring into your notice that the company (Takira solutions pvt ltd) #takira is fake.please don't work for this company, if any one there you can resign now or collect salary through bank. Director Mr. Anand Nair will not going to provide any valid experience letter. On the time of resignation he will start going to play his game. Please dont believe him. There are lot of employees cheated by him. we are all going to sign a petition against him. #takirasolution

Kumar Doab (FIN)     30 May 2016

@ Sajadh,

You may approach: Employee's/Trade Unions and post all detailed facts for notice of all members, O/o Labor Commissioner, Inspector appointed under Shops & estbs Act

sureshkumar (Application developer)     30 May 2016

to Ritesh Maity  sir :

im having my request mail copies and few voice/call records with concern HR.. and il write registered post too.. thanks for ur reply..

to Kumar Doab sir:

i got only JOINING CONFIRMATION letter from current employer-hr official mail id at the time of joining and this is my first company(joined as a fresher).

and my designation is software engineer trainee and it is mentioned in joining confirmation letter.  and no power to sanction.

my location is chennai.

yes it is chennai registered IT company having maximum of 15 employees.

no im not a member of any employees/trade unions.

last drawn salary 9000.

i dont have any complaints with that company one and only complaint is  ''they scolded me for being late(30 min late) to office in notice period days but i worked at my maximum''.

notice period : 45 days,  i had disscusion with md to reduce my notice period and they feel my situation (health issue) and reduced it to 30 days and i served my notice period.  i only have few call records(disscussion with hr- we are busy we il give every docs by next week).

sureshkumar (Application developer)     30 May 2016

sorry for this repeat

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137752&offset=1 

why bcoz this post is not shown at the time of new post then i tried again later/after 10 mins it shows 2 posts ,,,  what can i do i cannt even delete that post.

Kumar Doab (FIN)     30 May 2016

Since no appointment letter has been issued to you you can claim there was no agreed upon T&C on it. However until or unless your counsel advises don't press it or anything else.

30 minutes is th grace time. You have worked extar and completed 8 hrs on that day also.

If you were not allowed to complete notice period you may claim notice pay for shortfall in notice period from employer.

You should be member of employee's/trade unions.

 

The employee's union know how to resolve.

 

You may go thru the sucees of another employee at:

 

https://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp

1 Like

sureshkumar (Application developer)     31 May 2016

thanks for ur reply sir... 

after 1.5 months of my experience and offer letter  delayed...

  yesterday i got call from my HR and was asked me to come at 7pm to office for my experience and offer letter sir ... due to delay documents i went office as they told ... and i went at 6pm and i got my experience certificate- in that they have mentioned my conduct as ''not recommended and not saticifactory'' ..

 

i asked calm y did u put like this i didnt have any complaint apart from being late to office(30 min) for last 2 months ....   they cheated me..   and md talked in rubbish and asked to sign in a bond paper that contains-" my performance is poor, no projects completed in timeline and i embarrassed with my team members".

 

i had dicussed lot but no use   ..and my md told - if u not sign in this bond we il terminate u immediately.. and  they told only way to get ur documents u need to sign and i signed in bond and relieving and fnf  settlement papers then i got my experience certificate they have mentioned not saticifactory i was totally disappointed and feeling sad ..

 

i had recorded all conversion with hr and md in my mobile and also have few call record discussion with HR...    plz help me ..  and how can i proceed?

Kumar Doab (FIN)     01 June 2016

The ill informed, ununited, anxious employees are like sitting duck and vulnerable to exploitation.

 

If you have recorded then you have acted wisely. Store the original files carefully say in locker.

 

Remember when you asked to report telephonically and after usual office hours there may something fishy. You were asked to report at 7pm and your antenaes were not up.

 

You can contest the comments  e.g; "my conduct as ''not recommended and not saticifactory'' ..'asked to sign in a bond paper that contains-" my performance is poor, no projects completed in timeline and i embarrassed with my team members".'.......'

 if u not sign in this bond we il terminate u immediately.. and  they told only way to get ur documents u need to sign and i signed in bond and relieving and fnf  settlement papers then i got my experience certificate they have mentioned not saticifactory i was totally disappointed and feeling sad ..

'

 

Now what exactly you want to do?

 

Ritesh Maity (Labour Law Advocate)     01 June 2016

Let them terminate you. it will be beneficial for you as you can then challenge such illegal termination and earn (hopefully) interim relief and backwages sitting at home. As explained by Kumar Doab, most of the employees are themeselves responsible for their own exploitations. Either you listen to a lawyer and do exactly what he says, or act in your own will. 


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