Employer not giving relieving & experience

chandan (Querist) 05 November 2011 This query is : Resolved
r,
i m working in the pharma organisation since 12 april 2010. On 2-october-2011 i give my resignation through mail, but no response from my employer side. Then on 7-oct-2011 i give hard copy of my resignation to my head and he accept it. After giving one month notice and following proper rules and regulation now my employer is not giving me my relieving and experience letter.
please guide me what should i do.

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Satya Mani Tiwari (Expert) 06 November 2011
Ask information through RTI act and ask specifically the outcome of your earlier application for the issue of Releaving letter & letter of experience from former Employer.

anil kumar (Expert) 06 November 2011
The employer if it has accepted your resignation and if it has become effective as per the terms then you are entitled to a service certificate / experience certificate specifying the period, nature of post held etc. with the employer till the date of resignation. It also depends upon the practice prevailing within the organisation. The RTI route may not result in procuring this document. Even you have to see whether the organisation is a public authority and is covered by RTI Act. Else, it would be a futile exercise.

M V Gupta (Expert) 06 November 2011
If your employer is not a public authority falling within the purview of the RTI Act no useful purpose would be served by applying under that Act. Send reminders for the certificate by registered post ACk due. If still the cert is not issued get a notice served through your Advocate. This will have definite effect and you may get your certificate.

RAJU O.F., (Expert) 06 November 2011
We know the one side of the story. Why you were shy to submit the resignation letter written on a paper in the first instance, to an organisation which employed you and paid your salary for one and half years, instead of sending an e-mail? Is it the fashion of the new generation? You have to also consider the thousands of educated unemployed youths and also the fate of persons working in software and BPO companies, after collapse of American economy within one or two years. Meet the officials of the previous employers and tactfully obtain your relieving letter and positive experience certificate, instead of going to fight with them. Otherwise you only would be the sufferer.

Guest (Expert) 06 November 2011
Take up your case properly with the help of an experienced service law practitioner.

A. A. JOSE (Expert) 06 November 2011
If you have duly complied with the provisions of Company's standing orders/employment contract, it is unfair and illegal on the part of the employer to deny you relieving order and experience certificate. You may first take up the issue with the top authorities of the company and make personal representation also. If the issue is still not resolved, then you may explore legal avenues in consultation with a local lawyer .