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ram (Manager)     19 December 2013

Termination on probation

The query mentioned needs immediate response

 1) Termination from a private company  are they liable to give Experience certificate along with termination letter in Probation

Employee was absent to services on medical grounds

Employer is not providing the Reliving letter & No due certificate

  What legal action can one take against this .



 3 Replies

Kumar Doab (FIN)     19 December 2013

 

In other thread initiated by you at:

 

 

https://www.lawyersclubindia.com/forum/Reliving-letter-94104.asp#.UrKAc9IW1MA

 

it has already been pointed out that:

 

Model Standing Orders:

 

13.          Termination of employment.- (2)  No ....................... probationer................. shall be entitled  to any notice or  pay in lieu thereof 

 

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.

 

The internal policies of the company can not be and are not law of the land.

The private policies of the employer/establishment do not and can not prevail upon statues and enactments applicable to the establishment. The law of the land, statues and enactments shall prevail upon private policies of the employer/establishment.

 

You may without any hesitation approach the forums, persons, lawful authorities already pointed out in other threads initiated by you.

 

You may affirm to handover the charge and company property if any under proper acknowledgment.

 

The NDC certificate is issued after settlement of account and relieving letter signifies nothing is due against employee and employee has been relieved from establishment.

 

To handle such employers and such issues employees should form unions, IC’s, Works Committee’s and be member of trade unions.

 

 

 

 

 

 

 

 

 

ram (Manager)     22 December 2013

Thanks for the reply, so I can expect a reliving letter on company letter head on termination on probation

Kumar Doab (FIN)     22 December 2013

Hope you can read and understand the meaning of the extracts of the Model Standing Orders posted above.

Every one is eligible and employer is PERSONALLY responsible for faithful observance of standing orders.

 

If you are facing issues approach your lawyer in person without any hesitation.

 


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