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MK   12 June 2016

Reliving letter not authorizing by the ex employer to curren

Hi All,

Can you please help me to understand if i can file a case against my employer for not authorizing the tenure issued in the service cerificate, i have worked for organisation alomost 2+years and recently i have moved some other oraganisation, when the current org went for Post BGV to ex employer they are giving the wrong inputs the BGV team almost 6months gap they are showing as i have all the valid documents issued by the org and also for the same am mail confirmations too, now my current employer is ready to  take on action as per the ex employer is not confirmed the tenure submitted by me, now am totally under confuse dono how to proceed and on whom i have to complaint on current or ex employer, please help me and guide me towards to save my employment, both the orgs are playing with my carrier please help to proceed further ASAP.

Kindly suggest the way forward.

Regards

MK

 

 

 

 

 



Learning

 8 Replies

Sajid Nissar Mir   12 June 2016

Dear Mk, You can send a legal notice to your ex empolyer stating all the facts with the evidence, also same legal notice can be shared with your present employee. So that you can continue with your new employment.If you don't fix this issue it can always create hurdles in your future. Regards Adv.Sajid Nissar Mir Advocatesaj@gmail.com

Sajid Nissar Mir   12 June 2016

Dear Mk, You can send a legal notice to your ex empolyer stating all the facts with the evidence, also same legal notice can be shared with your present employee. So that you can continue with your new employment.If you don't fix this issue it can always create hurdles in your future. Regards Adv.Sajid Nissar Mir Advocatesaj@gmail.com

Kumar Doab (FIN)     12 June 2016

>>> Write to designated HR personnel of current establishment under proper acknowledgment, to supply you a certified copy of BGV report. Obtain this BGV report and it shall help you for your future claims.

Write to good offices of appointing authority, MD of both past and current employer under proper acknowledgment of course, narrate all representations (mention names/dated, minutes) that you have worked with esdtablishment M/s...........................address..................from...................and comments made by Mr/Ms...................( current employer) on the basis of some BGV report issued by M/s...................past employer...........................are false and copy of following document are attached ...........................that are issued by past employer M/s..........................

 

 

>>>  While initiating such queries employee should post the basic information:

You may post the exact extract from appointment letter on termination/resignation. 

Did you tender notice or resignation with immediate effect?

 

Did you quote reason in notice of resignation, resignation ( e.g; Non/delayed payment of salary)?

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?

Does company have its office at your current location?

Does your address in company records remain the same?


What is this establishment; Commercial/Industrial (e.g; 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?

 

You were under probation/confirmed?

 

Do you have acknowledgment of notice of resignation and its POD, salary slip of all montsh,FnF statement,PF a/c slips of all years, ESIC acrd, Form16 of all years...............?

 

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

 

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?

 

MK   12 June 2016

Thank U Nissar Bhai, please help to how to proceed legally.

Ritesh Maity (Labour Law Advocate)     12 June 2016

First, give a notice (registered post only) to your ex company intimating about all the descripencies. And also also write (email in the official address for the time being) your current employer to rectify the differences in your service period arising due to such discrepencies with documentary evidences. If the situation does not change, contact a lawyer for further procedure. 

MK   12 June 2016

Thank u ritesh, but my current company is not giving much time they are to take action.

 

Thanks,

Ritesh Maity (Labour Law Advocate)     12 June 2016

Originally posted by : MK
Thank u ritesh, but my current company is not giving much time they are to take action.

 

Thanks,

It does not matter what your company is saying/ doing. If they hurry things up by not giving you reasonable time to act, then it will go against them in long run. However, you please consult with a lawyer with a papers at the earliest. 

Kumar Doab (FIN)     14 June 2016

You have not replied to the points.

If you are unable to resolve on your own lean on the skills of your counsels.

 


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