Experience letter not issued

Originally posted by : Honey Sharma
	Hello Sir, I worked in a BPO for more than 5 years. I realize that there is no growth after talking with AVP. I got selection in other BPO but they did not give me enough time that I can serve my notice period in my previous organisation. I sent one resignation email to my supervisors and HR. They accepted it however on the same email they denied that early relieving is not possible you have to serve the complete notice period. unfortunately I serve the notice period of 7 days instead of 45 days.  Luckly new organisation is agreed on my joining without experience letter. But for my future I need to secure my documentation. When I asked company to provide my experience and relieving letter, they said that JOB ABANDONMENT have been raised against me which means they will not provide any documents. when I asked the defination of JOB ABANDONMENT they said that without information stop coming to office. Actually this is not my case. I informed to my supervisor and they accepted my resignation. Agreement letter clause I have attached.   Now they have stop answering my phone calls and emails. I need your help to get all my documentation.   Thanks and Regards, Honey sharma 7895276660

Did you mention notice period and LWD in this email sent by you?

Or did you convey your notice period in response to email from your company by email/letter/phone call and minute it?

What was your designation and nature of duties?

You have worked for how many months?

You were in which state?

How many persons are employed in it?

Are you a memebr of any IT-ITeS-BPO-KPO-/employee's/trade unions?

Yes I mentioned the LWD as 30 jan 2017. Please see attached email communication.

Yes I send the resignation email through company email. I mentioned the my designation and last working day. Yes I am part of IT-ITeS-BPO-KPO.

You have mentioned LWD in resignation.

Next time let some seasoned employee’s/trade union leaders, counsel specializing in Labor/service matters or atleast elders of yourfamily/competent and experienced well wishers,  draft your communications/notice/resignation.

It is mentioned by employer:

“Please let Jagjeet or me know, if we can discuss any further to retain you.”

It is also mentioned that: Your resigantion has been accepted.

You have also posted that notice pay in lieu of notice period be levied.

There is NO mention of handover of charge/exit formalities/NOC-NDC etc  by employer.

Reply to all points, pointwise that have been raised for you to respond.

If possible attach extract from appointment letter, HR policy, employee handbook on separation/termination/resignation/notice period/notice pay/exit formalities etc

Generally employers do not issue experience letter to the emp;loyees whose departure was not as good experience for them.  They cannot be compelled do issue the same.

Hello Sir,

Below Is the extract of my employee agreement.

9.1 After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party, 45 (forty-five) days’ notice or paying to the other party salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment/project/work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relive you earlier than the expiry of the entire period of notice or may even refuse to accept your resignation. Your exit formalities will be initiated, and your relieving and experience letter will be issued subject, inter alia, to your fulfilling the aforesaid requirements.”

Thanks

Honey Sharma

Originally posted by : Honey Sharma
	Hello Sir,   Below Is the extract of my employee agreement. 9.1 After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party, 45 (forty-five) days’ notice or paying to the other party salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment/project/work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relive you earlier than the expiry of the entire period of notice or may even refuse to accept your resignation. Your exit formalities will be initiated, and your relieving and experience letter will be issued subject, inter alia, to your fulfilling the aforesaid requirements.” Thanks Honey Sharma

In emails trail attached by you,  it is posted that :

"Please let Jagjeet or me know, if we can discuss any further to retain you. Basis the discussion with business and QPE leadership team, we will not be able to release you early considering the critical portfolio you are currently handling.”

This rather shows inclination and decision to retain you!

Did you leave in middle of work?

You have posted that:

"they said that JOB ABANDONMENT have been raised against me which means they will not provide any documents."

It is said or it is written?

In email trails attached by you: it is posted by company that your resignation has been accepted!

You have not replied to all points raised, so for. 

For your interest you may go thru: 


Punjab Shops & Estbs Act

Punjab Shops & Estbs Rules.

Model Standing Orders


Haryana follows it.


These and other Labor laws are available on website of Dept. of Labor Haryana.
 

Originally posted by : Honey Sharma
	Hello Sir,   Below Is the extract of my employee agreement. 9.1 After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party, 45 (forty-five) days’ notice or paying to the other party salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment/project/work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relive you earlier than the expiry of the entire period of notice or may even refuse to accept your resignation. Your exit formalities will be initiated, and your relieving and experience letter will be issued subject, inter alia, to your fulfilling the aforesaid requirements.” Thanks Honey Sharma

my views regarding experience letter are uchanged even after reading this.

1. "they said that JOB ABANDONMENT have been raised against me which means they will not provide any documents."

it is a telephonice conversation. 

2. This rather shows inclination and decision to retain you!

Did you leave in middle of work?

The nature of work is continous process, so anytime I leave would be considered as middle of work.