Relieving letter and experience certificate
sankar
(Querist) 13 May 2014
This query is : Resolved
Hi sir,
I am sankar . Currently working in chennai as a software quality assurance engineer. Yesterday(12.05.2014) i resigned my job .They said you need to complete your existing project commitments and then serve 2 months of notice period but i asked them to provide the HR policy document ,accidentally the terminate my services took my all the documents and push out me out of office.
Please help me to get the legal letter(relieving letter,experience certificate,pf close) from this organization and Background check.
Thanks.
Regards
Sankar.
Devajyoti Barman
(Expert) 13 May 2014
Try to settle this dispute amicably.
If the employer throws you out then you can file case to get your dues but that will take lot of time.
ajay sethi
(Expert) 13 May 2014
you ought to serve the notice period as mentioned in your appointment letter . if you refuse to do so company wont issue you relieving letter . amicable settlement is best
Sankaranarayanan
(Expert) 13 May 2014
Follow as suggested experts. When you informed the management for your resignation. How long you been worked. If you breach the agreement of company policy then you get in problem.
sankar
(Querist) 13 May 2014
Hi Sankar Narayanan,
I resigned my job but ready to serve the notice period,company is not allow me to serve the notice period then what i do.Just i asked the HR policy document for that they are terminate my job without allowing me to serve the notice period
Sankaranarayanan
(Expert) 13 May 2014
you write a letter to your HR stating all facts and your willing to service the notice period also. if no reply then you send the notice to the company then file a case in labour court . For all better to approach a lawyer
Kumar Doab
(Expert) 13 May 2014
Agreed with experts.
Such matters are best resolved by applying rapport, goodwill and exceptional levels of persuasion, persistence, negotiation, reasoning skills. Employee should have these skills. These skills can be acquired.
Settle the matter on mutually acceptable terms.
Work place is not the stage for show of temperament for employee(s) be it even HR, and employer.
Hr is not employer, is just another employee in the company and can not be rowdy.
In trades where the employees are united such conduct is unimaginable for HR.
They would the lesson of their life for indulging in such Acts.
Usually the areas in IT/ITeS companies are under CCTV surveillance. If you were pushed and your belongings were snatched then you can demand CCTV footage and lodge a complaint too.
No one can be rude at workplace and push anyone.
The notice period/pay is stated in appointment letter, standing orders applicable to the establishment (certified/model), and you can check in Tamilnadu Shops and Commercial Establishments Act.
Has the company not supplied the appointment letter to you? If NO you can claim that NO notice period/pay is applicable in your case. If NO it is employer’s loss as it won’t be able to press clause on notice period/pay on the strength of muster roll, wage register, attendance register……………………….and other registers.
If yes and If you are willing to serve the notice period then you can submit minutes of incidence addressed to appointing authority, MD ( by self or thru your lawyer of course under proper acknowledgment ) and claim that on dated Mr/Ms…………………….forcibly ousted you from premises of the office of the company and forcibly collected documents………………………..from you and were rude, overpowering and stated that they shall not allow you to serve the notice period and demand that you should be allowed to serve full notice period in writing by letter thru redg. post. If you can get unshakable witness, evidence for this incidence then it shall help you.
Employer can not press you for completing the projects beyond notice period! However you should maintain the record of tasks assigned on day to day basis and tasks performed by you on day to day basis and download record copies with you.
Has the company its certified standing orders (CSO)? If NO and if it claims standing orders are not applicable to it then again it is employer’s loss as it won’t be able to press for notice period/pay.
Are you under probation or your service is confirmed in writing?
If employer claims standing order are applicable then as per Model Standing Orders the notice period in probation is NI and after confirmation of service 1 month only. If there is a conflict between standing orders and appointment letter the standing orders shall prevail upon appointment letter.
As per standing orders FnF wages and service certificate should be supplied to employee on last day in office.
You may go thru: Sec13-18.
PF: The funds in PF a/c is not in control of employer. The PF transfer/withdrawal forms should be attested by employer within 5 days. Declinature to attest PF forms is offence.
Has the employer provided PF number to you and PF a/c slips of whole tenure of employment?
YOU may go thru and meet RPFC in nearest PF office.
http://www.lawyersclubindia.com/experts/Pf-and-settelment-471231.asp#.U3I6z0eBmXU
Henceforth record (audio/visual) all transactions.
If upon receiving your written statement employer does not write back then you may succeed to claim the incidence as deemed termination.
Be careful so that employer and its HR personnel do not declare you; absconding, abstaining, absenting in its internal records and spoil your career and square off your dues.
What was the need of asking for HR policy by you?
HR policy should have been circulated and provided to you on joining!
Was it not been supplied to you? It is not placed on some shared portal accessible to employees?
You have a right to get published version of HR policy , service rules and regulations of the company applicable to you and if HR personnel are made custodian of such policies and rules and regulation by employer then HR is under obligation by its duty to supply it to you.
Did you tender notice of resignation mentioning notice period or resignation with immediate effect?
Are you a member of any employee’s unions, IT/ITeS employees unions, Trade Unions?
All documents mentioned by you shall have to be supplied by company to you.
The govt. of Kerala by notification has notified all commercial establishments as Industrial Establishments under Payment of Wages Act and thus standing orders shall apply.
You may check the status in Tamilnadu.
http://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM
IN Tamilnadu the management employee may also be covered by this Act and this Act applies to software companies, you may go thru:
http://www.thehindubusinessline.com/industry-and-economy/info-tech/tn-shops-establishments-act-applies-to-software-units-says-court/article1709884.ece
Madras High Court
Chemoil Advanced Management ... vs V. Raghunandan on 12 April, 2011
http://www.indiankanoon.org/doc/824247/?type=print
The IT/ITeS employees formed unions worked hard and some states ended the blanket exemption granted to IT/ITeS companies from standing orders.
http://www.itecentre.co.in/
http://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
http://www.wbitsa.org/
www.itpfindia.org/‎
http://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
http://www.shivsena.org
http://www.amrc.org.hk/node/1088 CBPOP
http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
Trade Unions; CITU, INTUC, AITUC, BMS…………………..and local trade Unions in your state.
Employees are a big community and huge vote bank. NO party/govt can ignore. Trade Unions are willing to embrace employees from your sector.
If you are not able to handle and get relief on your own you may approach your labor consultant/service lawyer, Inspector under Tamilnadu Shops and Commercial Establishments Act, O/o Labor Commissioner, Employees unions, Trade Union leaders or any other forum that you may choose…………………..
You may go thru:
Tamilnadu Shops and Commercial Establishments Act 1947:
(http://www.scribd.com/doc/40815121/The-Tamil-Nadu-Shops-and-Establishments-Act,
http://www.lawyersclubindia.com/forum/Tamilnadu-shops-and-establishment-rules-1948-72534.asp#.U3IyukeBmXU
Notice Period is not more than 1 month as per this Ac also)
Sec:2(3,5,6,8,18), 4,5,6,14,28,29,31,32,34,36,41,43,47,
THE TAMIL NADU SHOPS AND ESTABLISHMENT RULES, 1948
10, 11{(1) (d)} ,2(a),
3: [(5) Every employer shall maintain a register of wages in [From R] in his establishment .]
[(6) Wages slip in form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or at least on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorized person and also the signature of the concerned person employed shall be obtained . the copies of wages slip issued shall be maintained by the employer and produced to the Inspector on demand.]
12,16A,16-AA,16-C,
