It company refuse to give experience letter.
Kapil
(Querist) 14 March 2015
This query is : Resolved
Hi,
In my previous company I had 1 year bond which was about to compete in April 2014 and 90 days notice period. I had informed my manager about my resignation in December 2013 through official email as I got good opportunity from another company. They asked me to pay full bond amount. Next 2 months I was negotiating for payable amount as I had served my bond period except 2 months. After 2 months they told me, your notice period will start from the date of your payment also you informed us about your resignation through email so it is not a proper way of communication. it will not consider as your resignation.
I was afraid of loosing opportunity if serve 90 more days. So I had completed my 90 days notice period considering start date of my resignation email date and left my organisation. In this case I did not get my relieving and experience letter of 5 year.
Please guide me to get my experience letter.
Thanks
Guest
(Expert) 14 March 2015
You have not mentioned what kind of formal correspondence you made with the management and what was the result on each contact. Please give brief account about that:
Would you like to contact me for detailed discussion on your problem, you may click at my name on left side and click further at the link: “CLICK TO TALK” at my profile page.
Kumar Doab
(Expert) 14 March 2015
Agreed with Shri P.S.Dhingra that all communications on record should be examined.
It is felt that similar queries have been discussed many times.
The so called Bond was created in lieu of what: some certified training from some certified Instt. that added to your qualification/skill, some extra ordinary favor etc?
Service certificate has to be issued to all employees.
Relieving letter signifies nothing but that nothing is due towards employee.
Did the company supply FnF statement, acknowledgment of notice of resignation, acceptance of resignation, salary slip of all months,Form16, PF a/c number and a/c slips of each year,ESIC card,NOC/NDC,acknowledgment of handover of charge and company property etc.....?
Did it raise any demand in writing to pay any amounts?
Did it decline in writing to issue any of above mentioned documents in writing?
Do you have copy of the Bond, and appointment letter issued to you, HR policy/Service Rules and regulations/or any other policy that is cited as to govern the service conditions… etc mentioned in appointment letter…………./exit policy/FnF policy etc?
Was any FnF statement showing adjustment of notice pay, computation/credit of…………. unpaid wages, Bonus, Leave encashment, reimbursements, etc was provided to you?
Did you accept Fnf statement in writing?
1. You have posted that you submitted notice of resignation! Do you have its proof of dispatch and delivery also?
Did you submit Final resignation also, of course under proper acknowledgment?
2. Are you a member of Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc?
If not why? You should become a member and then it shall be easy to defend yourself from exploitation by unscrupulous employers.
What is this establishment: Commercial, Industrial? What is its line of business: banking IT etc?
3. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
4. What was your salary: Basic,DA……..etc and total.
5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. Did you get appointment letter, Salary slip of all months?
7. Did the company tender payment of Gratuity, attest PF forms for withdrawal/transfer?
You may reply pointwise to each point!
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Agreed with the experts, whether you have documentary records for all the actions you have taken including your resignation, i.e., whether you have a copy of all the correspondences you had with your employer?, you may consult a local advocate and proceed as per his advise.
