Non issuance of experience certificate by previouse employer
Tarun Yadav
(Querist) 29 May 2012
This query is : Resolved
Sir, i request you to kindly help me resolving the below query...Myself Tarun Yadav working as Manager Finanace in FCI, had been associated with HDFC Bank for three years then in Feb 2011 i got selected for FCI and put up my resignation to my reporting officer requesting in written that "i have to join FCI with in 15 days thus kindly do all formalities to relieve me before that" he had acepted and forwarded the same to HR of HDFC Bank..now they had issued me several notices stating that i have not informed my absence to the bank and then finally bank has right to terminate me as i had not reported to duty..which was absolutely wrong as i had stoped going after informing them with reason...now even they are refusing me to issue my experience certificate...now problem is this that FCI is asking for the experience certificate as it was desirable for the candidature and compulsory at the time of joining. Sir, now i m in deep trouble as FCI has issued me a Memo for this and HDFC Bank is not issuing me my experience certificate...plz guide me that can i initiate a legal proceeding against the HDFC bank for this...my e-mail id is tarunyadav84@gmail.com....thanking you in advance.
Deepak Nair
(Expert) 29 May 2012
On receipt of the notice from HDFC, you should have replied them stating all the facts.
Now, you need to send a notice, mentioning all the facts regarding your intimation to your boss and ask for the esperience certificates.
It is deisrable to send the notice through an advocate.
Tarun Yadav
(Querist) 29 May 2012
Thanks for prompt and kind reply sir....regrding the above...i have already informed them that "i have stopped coming to office after giving notice..not without informing you"...further...i dont know about the provisions in law but as per my understanding i think "serving notice period" and "experience certificate " both are sepreate issue...not serving the notice period do not csay that i have not worked for the three years thus HDFc Bank should issue me my experience certificate...which state that i ahve worked there for three years and they have paid me for that...submitted for your kind review...
ajay sethi
(Expert) 29 May 2012
go and meet the management personally . inform them that your career will be adversely affected if experience certificate is not given . HDFC bank is reputed pvt sector bank and will not create hurdles in your career .
litigation should be last resort
Guest
(Expert) 29 May 2012
Dear Tarun,
Shri Ajay Sethi has not advised you wrongly. His advice is very correct, if you wish to follow sincerely.
For your kind information, serving a resignation notice does not bestow an employee with a right to abandon his job at his sweet will. He is required to attend duty till his resignation is accepted formally and he is relieved of the duties and responsibilities of the post officially. Being in the position of a manager, if you commit such type of misconduct on your part, how can you expect your subordinates to follow the rules, regulations and norms of employment and how you would be able to maintain discipline amongst them?
While experience certificate is secondary issue and is related to the normal relinquishment of the charge from your post after due acceptance of your resignation, you presently need to justify your action in stopping to attend your duties in response to the notice of your previous employer.
Without observing due formalities of honourable acceptance of your resignation and formal relinquishment of your charge, any legal proceeding against the bank may bounce back on you only.
So, better get your resignation formally accepted and your unauthorised absence regularised from the management of the HDFC, before asking them to issue the experience certificate.
Tarun Yadav
(Querist) 29 May 2012
Dear Sirs,
i am very thankfull for your kind advices..but would like to seek more clarification over a doubt that when i forwarded my resignation to my reporting officer in written...and he signed a copy of it and stamped it with official stamp of bank and put a note also that "forwarded to HR" same copy is been with me. now does it mean that my resignation has only been acknowledge or it has been accepted formally ? Further, Sir, i dully agree that "serving a resignation notice does not bestow an employee with a right to abandon his job at his sweet will." but the notices which has sent by HDFC bank to me were stating that " i have not informed the bank for my absent" but in my resignation i have clearly mentioned that " i would not be able to attend my duties from so and so date...which clarified that i have dully informed the bank that i would not be able to attend my duties...then non informing to the bank should not be an issue...submitted for your kind and enlightned opinion/advice please.
ajay sethi
(Expert) 29 May 2012
you ahve forwarded your resignation to reporting officer . he has forwarded it to HR . it does not amount to acceptance of your resignation lletter . rather it is an acknow ledgement of having received letter from you .
the managment has to duly accept your resignation which has not been done in present case .
Tarun Yadav
(Querist) 29 May 2012
thanks Sir, now i have got it clarified...further sir i have talked with the management regarding my experience certificate...but they are denying on the account of my non serving of the notice period...and right now FCI is strictly askinfg for the experience certificate...although it was only desirable for the candidature...but i am in deep trouble as HDFC bank is not giving the required and FCI is asking it regourously.
Guest
(Expert) 29 May 2012
Having received and forwarded your resignation letter by your reporting offier merely denotes acknowledgment of receipt of your document. Similarly, like you were appointed by issue of an appointing letter, approval and acceptance of your resignation by the competent recruiting authority was quite necessary.
By communicating your wish, "i would not be able to attend my duties from so and so date..." you merely coveyed your intention not to attend by taking your own decision by discarding the authority of your recruiting authority irrespective of whether your resignation is accepted or not. Contrarily, you did neither formally apply for grant of any leave nor waited for acceptance of your resignation before leaving the job.
Tarun Yadav
(Querist) 29 May 2012
Thanks Sir, now i have got it clarified...and wiill try to resolve the issue as you and Ajay sir suggested earlier.
Further,Sir, just want to share with you that i knew that bank would be least concern about my probable opportunity loss and carrer growth thus i took this decision otherwise i would have definetly served for the notice period...but as i got my result of FCI on 15th of Feb and by 8th March i had to report for training ...and you know government job dont wait for candidate..they have teirh options open in terms of waiting candidate..thus i had left with no option but to leave HDFC Bank on short notice...
