Experience and relieving letter
priyanka
(Querist) 02 September 2016
This query is : Resolved
Hi,
As i am working in Pvt.Ltd Company, and serving notice period. I joined the company 2 and half month back. As i discussed with my HR regarding Experience and relieving letter, HR said only those employee can get these two letters who has worked for at least 6 months in company. Some are said no you can get even if you worked for 1 month also.
I have salary slip and Joining letter with me.
I am not aware of Pvt.Ltd company acts and laws.
Please help me out in this.
Raj Kumar Makkad
(Expert) 02 September 2016
You are entitled to get relieving letter which is the requirement of your new employer. Even if you don't get experience certificate, it shall not affect you. Insist for the issuance of the Relieving letter which is beneficial for all concerned including that company relieving you.
Dr J C Vashista
(Expert) 03 September 2016
Relieving letter will be given by the private limited company.
DR.VEDULA GOPINATH
(Expert) 03 September 2016
Your appointment letter and relieving letter (or any evidence of your cessation of employment) shall prove your experience and job in this private limited company.
Your future employer shall appreciate if you show these above two documents.
If the private limited company is not giving you the experience certificate, it is their narrow minded H.r. policy and you need not worry about it.
good wishes
cs dr vedula gopinath advocate/arbitrator
Rajendra K Goyal
(Expert) 03 September 2016
You are entitled for the relieving letter after completion of notice period.
priyanka
(Querist) 03 September 2016
They giving me a reason that I can not get as i joined just before 2 months. Is there any rule that employe who worked for 2-3 months won't get relieving letter?
Kumar Doab
(Expert) 03 September 2016
It is believed that all transactions are verbal.
Has HR person supplied or quoted any rule/clause/policy/enactment applicable in this matter?
Is any such condition narrated in any document supplied to you e.g; offer letter, appointment letter, HR policy, service rules etc?
HR person is not your employer; isn't it?
HR person can't frame policies,rules,enactments: Isn't it?
Don't remain entangled with HR person.
You may demand to supply in writing under proper acknowledgment ( personal email or letter by Redg. post); The acknowledgment of notice of resignation, its acceptance, acceptance of resignation, correct FnF statement showing computation of earned wages /bonus/leave encashment/incentives/OT/reimbursements etc , Form16 as per correct FnF statement, service certificate, relieving letter,PF number and PF a/c slip of year, salary slip of each month including last month,NOC/NDC,acknowledgment of handover of charge/assets etc..............
Don't forget to mention that NO tasks are pending at your end, your work has been appreciated,and to whom you should handover the charge?
If HR person declines in writing escalate to good offices of appointing authority,MD (under proper acknowledgment ) and mention that on dated;.................you have already represented to Mr/Ms...................in office and got no relief and good offices are requested to provide all these docs and hence relief.
Remain gentle,amiable.
Rajendra K Goyal
(Expert) 03 September 2016
You can proceed as advised by the expert Kumar Doab.
priyanka
(Querist) 03 September 2016
In my offer letter it is mentioned under Notice period section ---> Up to first three months of your employment, you will be required to give One Months’ notice or One Months’ Salary in lieu thereof, in case you decide to leave the Company.Similarly, the Company can terminate your services by giving One Months’ notice or salary in lieu thereof, at the Company’s sole discretion."Please note that acceptance of payment in lieu of notice period and the issue of the relieving order is at the Company’s discretion".
apart from this clause no clauses are added regarding relieving letter.
Is this clause applicable for me even though serving notice period?????
Kumar Doab
(Expert) 03 September 2016
You have posted that:
"In my offer letter it is mentioned under Notice period section ---> Up to first three months of your employment, you will be required to give One Months’ notice or One Months’ Salary in lieu thereof, in case you decide to leave the Company.Similarly, the Company can terminate your services by giving One Months’ notice or salary in lieu thereof, at the Company’s sole discretion."Please note that acceptance of payment in lieu of notice period and the issue of the relieving order is at the Company’s discretion".'
Such clauses may not be applicable in your case even if these are inserted in appointment letter drafted by employer and signed with employee.
priyanka
(Querist) 03 September 2016
Thank you Mr.Kumar Doab, and all, Thank you so much.
Kumar Doab
(Expert) 03 September 2016
What is this establishment Govt/Private::::Commercial, Industrial?
You are located in which state?
How many person are employed in establishment?
What is your designation and nature of duties?
Is your service confirmed or you are under probation?
Does it have its standing orders ( Model, Certified) and is your designation covered by these?
It is noted that you are working since last 2.5 months!
Kumar Doab
(Expert) 03 September 2016
You are welcome!
Kumar Doab
(Expert) 03 September 2016
It is good to see that some authors/querists do come back to thank the experts.
priyanka
(Querist) 03 September 2016
Its an IT industry.
I am located in Maharashtra.
Working as Business Analyst.
I am under probation not yet confirmed.
Kumar Doab
(Expert) 03 September 2016
IT/ITeS/BPO/KPO etc are covered by Shops & Estbs Act of the state that was enacted to govern the service conditions of employees working in establishments covered by the Act.
You may go thru: Bombay Shops & Estbs Act ;Sec;66 (b).............
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf
The notice period TO BE TENDERED BY EMPLOYER (NOT EMPLOYEE) shall be as per length of service mentioned in this section of the Act.
Provision of Notice pay in lieu of the notice period is also laid down in the Act...
Employer can not act as lawmaker.
The clauses on notice period/pay are violative of the Act and void and the said extract/appointment letter may not be even worth the piece of paper on which it is written.
You may also go thru: Bombay Shops & Estbs Rules and various registers prescribed under the Rules.
The ID Act does not affix any responsibility of notice pay/period on employee.
As per limited understanding from your thread it is guessed that you would be covered by the def. of 'Workman' as in ID Act,'Employee' as in Bombay Shops & Estbs Act.
The employer can only plead, whine, appeal that notice period/pay is applicable to it as per Bombay Shops & Estbs Act { ( Sec;66)(and length of service of employee) (2.5 months in your case and hence notice period is =NIL)} tghen same should apply to employee as well.
It may take a stance that you are not covered by the 'Workman', 'employee'.
It might be a feeble stance.
Kumar Doab
(Expert) 03 September 2016
What is your salary/month in INR?
cherukuri prasad
(Expert) 04 September 2016
Private jobs are bound by the agreement you entered with the company. If it is against the principles of natural justice, meet labour commissioner. Nothing to worry. Labour law is on your side.
Kumar Doab
(Expert) 04 September 2016
The enactments applicable to establishment/employer/employee shall prevail upon any private agreement/rule/policy etc etc, drafted by employer and signed with employee e.g; appointment letter/offer letter/contract of employment/HR policy etc etc..........
If your wages are upto Rs.25000/pm as per def. of wages then you can also approach;
Inspector appointed under Payment of Wages Act
This Act does not discriminate between Workman' and 'Non Workman'.
Rajendra K Goyal
(Expert) 05 September 2016
Expert Kumar Doab has advised nicely, you can be benefited.
