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Company denied to give certificate after resigning from job

(Querist) 21 July 2016 This query is : Resolved 
hi,

My name is purav gajjar i worked in pvt ltd broker firm here i have to give exams for to do business exams conducted by Nation Insurance academy i pass the examinations the certificate is with my employer i resigned from the job last week when i asked for my certificate give back the hr department denied to give me back said that is is not a company policy to give back certificate to employees, now without that certificate no company will hire me i am a middleclass man fulfilling my family's need on my own earnings please help me ....
Kumar Doab (Expert) 21 July 2016
Did the company pay the fee?

Did the company inform anytime that certificate shall not be supplied?


Is it mandatory to be certified for the job in company or any future company?

Did you ask to supply the certificate in writing and did the company decline in writing?


Don't remain entangled with HR and write under proper acknowledgment to good offices of appointing authority,MD and remain amiable/gentle.

adv.bharat @ PUNE (Expert) 22 July 2016
purav u need to give answer to expert question?
Guest (Expert) 22 July 2016
You have not mentioned what reason the HR department has quoted for not returning your certificate?

purav (Querist) 22 July 2016
sir,

i email to company hr department in written to handover my certificate but hr department said that to give certificate back is against the company policy
Guest (Expert) 22 July 2016
If you have got such mail that is quite derogatory and unlawful. So, why do you avoid serving legal notice to the company?
Kumar Doab (Expert) 22 July 2016
You have not posted reply to all points.


You have received the written communication.


Now you need to act.

Have you not received the Licence issued by IRDA?
purav (Querist) 22 July 2016
Certificate issued by National Insurance academy pune and send to my company address, company didn't denied in writing they denied in phone call
Kumar Doab (Expert) 22 July 2016
You have still not posted reply to all points.


As already suggested 'Don't remain entangled with HR and write under proper acknowledgment to good offices of appointing authority,MD'.


Rajendra K Goyal (Expert) 22 July 2016
You can send legal notice to the company.

Try to get duplicate certificate from the academy.
P. Venu (Expert) 22 July 2016
Yes, serve legal Notice of the company. They have no right to detain your certificates.
Kumar Doab (Expert) 22 July 2016
Most probably HR personnel is acting as per internal policy/orders for HR (published/verbal).


Hence no communication in writing to you.


Apply your skills and get it resolved.

Otherwise build irrefutable written record.



It can be construed from your posts that either you are afraid of HR person or there some reasons and might be that you are not good at drafting.


Seek help.


You can always issue legal notice from your lawyer.
Guest (Expert) 22 July 2016
Mr. Purav,

Your hesitation to provide full facts clearly reveals, it is your academic query, not a personal problem.

Why don't you give full facts at one go, (1) why the Institute sent the certificate at the company address, (2) whether the course was done at your cost or company cost, etc.
Kumar Doab (Expert) 22 July 2016
Dear Shri P.S.Dhingra,


Sir,


The procedure was.............candidates are sponsored by the companies.

Here sponsorship implies until sponsored/recommended/forwarded.


The company might have collected the exam fee in one or the other manner.



The certificates are sent to company.

The designated personnel of the company gives it to employees.


It is one of the UNWRITTEN rules that it is not to be given.




The company does not want him to be employable elsewhere hence the certificate is withheld.



It is the same sordid state of employees that remain ill informed, un-organised, non united, and prone to exploitation and harassment.



Had there been a union by now there would have been a noise.



Probably this employee is not aware that in many states there is a union of employee's working for private insurers............



Then the employee's are entangled in advances/loan, family issues/responsibilities, extended work hours etc and always on the edges.



It is this class of citizens that are carefully picked up by unscrupulous employers and are herded by their attorneys in HR/Line Management.............



many of the employee's will have bouts of anxiety, stomachache( in lighter vein) on reference of legal notice.........




However it is them that have to rise to resolve their issues and no one else.








Guest (Expert) 22 July 2016
Dear Kumar,

The querist has to state the facts whatever are there leving no scope for guess or presumption by the members.
Kumar Doab (Expert) 22 July 2016
Author @ Purav,


You have been prompted to post full facts, many times.


We are trying our level best to help you.
purav (Querist) 22 July 2016
Dhingra sir,
I am poor in drafting but Mr Kumar is mentioning what I am trying to say I am repeating that company didn't denied in writing to they will not give me certificate the exams fees was paid by my company but I am ready to pay what the spent for me
I saw a certificate one of my colleague there is no mention of which company I represent for it's showing name who appeared exams. Now the benefits of that certificate is I can grow my career with that and where I will join they need certificate
purav (Querist) 22 July 2016
Dhingra sir,
I am poor in drafting but Mr Kumar is mentioning what I am trying to say I am repeating that company didn't denied in writing to they will not give me certificate the exams fees was paid by my company but I am ready to pay what the spent for me
I saw a certificate one of my colleague there is no mention of which company I represent for it's showing name who appeared exams. Now the benefits of that certificate is I can grow my career with that and where I will join they need certificate
Guest (Expert) 22 July 2016
Mr. Purav,

Whether ready to pay fee or not, you have not been coming forward with full facts. If now I ask you whether you proposed your company that you are ready to pay the fee, you will definitely try to fabricate that answer also.

If there is any truth in your partly stated stories, or whether you you are ready or not to pay the exam fee, you must at first take up with the company and get written refusal, then show your documents to some local service law lawyer for advice. Otherwise, there would be no end to your additions to the thread on each of our question on each of your new post.

Kumar Doab (Expert) 22 July 2016
Exam is taken by you.
Passed by you.
Certificate is issued for you.


You collect it.

For that you have to act.
Dr J C Vashista (Expert) 23 July 2016
Very fruitful discussion and advise by experts, I fully agree and appreciate.

You have not replied very vital and relevant questions raised by experts even then they have been making suggestions/ advise on the basis of presumption, permutation and combination to extend a helping hand to you, which is a one-way traffic.

Issue legal notice for return of certificate, it is your proprietary, company do not have any claim.

However, if the company had sponsored and paid fees or incurred some expenses in training or examination, they may claim.
Kumar Doab (Expert) 23 July 2016
Dear Dr. J.C. Vashista,



Sir,



Many thanks for encouragement by you.


Such queries and such threads indeed need it.


The companies that are into such business have to get the employees certified.


The employee has to be recommended ( in other words sponsored) by the company to take the exam.


This is in order to ensure that the staff that handles insurance business is well versed with basics of insurance.



There have been many issues with ULIP.


The issue on the forefront being the companies earned while the customers lost.


The certification of employees was not made mandatory earlier but afterwards.




The author is true that 'The name of company is not printed on certificate'.



It is felt that even for duplicate certificate the employee shall have to route thru company.


The employee(s) must have confidence to unite and fight for their rights.



The employee must must not hesitate to engage and retain a very able counsel specializing in labor/service matters.




After all when no one stands by you, it is your own counsel and lawyer that stands for you and takes you through.









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