Relieving letter and experience not issued
Guest
(Querist) 17 January 2014
This query is : Resolved
our company xyz(as i don't want to reveal the name) got acquired by Wipro Techn last year and we were all under banking project, to step into the banking project our BGV check done by previous company(XYZ) same billing account has been transfer to wipro's account during the acquisition process,when we got the someother offers to join the new company and planned to resign the wipro company, they did the bgv check again and it got failed,but now wipro is not issuing us the proper relieving letter and experience, in such circumstance our one whole year is getting lost.we actually don't want to get into wipro company,but our previous company(xyz)didn't issued us the service letter and relieving letter until we accept the wipro's offer during the acquisition, after serving for 1 long year,now if we want to go by our wish they are not giving us the proper letter to survive future.can anyone tell us , how to deal with this company legally.
Devajyoti Barman
(Expert) 18 January 2014
If they do not then you can raise this issue with their HR department.
Even if it fails then you may resign the post by sending the mail stating your reason to quitting the company and do state how long you had been there.
That would be considered to be the proof of your experience.
Advocate. Arunagiri
(Expert) 18 January 2014
Send them a notice of resignation. You may come back to us with the feedback.
Guest
(Querist) 18 January 2014
currently iam under notice period my last working day is 31st jan 2014.but they asked me to come down for meeting this monday and prove me as fake exp person as there bgv has failed and terminate me immediately and then they will mail me my Relieving letter and service letter to my current address by mentioning clearly that i was not exp person after working in there company for last 1 yr and from previous company xyz from which they acquired us for citi bank billing account for the current project which am working now.
ajay sethi
(Expert) 18 January 2014
go and attend meeting on monday . did you furnish false information at time of joining the organisation ?
Guest
(Querist) 18 January 2014
No,i haven't furnished any false information at the time of joining my previous organisation after BGV check only we were allocated to the CITI banking project, as billing account was transfered to wipro company, but now when i was serving the notice period and just 10 days left. Wipro BGV temam telling me that BGV has failed and i will not be getting Relieving letter and experience letter properly. and i am in this project for 3.5 years(past company+wipro company together) why this BGV has done now when i have already resigned ? joined wipro via acquiration year ago.can we fight legally against this company as it will impact very much on our future career
Kumar Doab
(Expert) 18 January 2014
You have posted that:
>>> “can we fight legally against this company as it will impact very much on our future career’
You can raise Industrial Dispute Now and AS AP.
Since only 10 days are left meet a competent and experienced labor consultant/service lawyer as ap.
Since many employees are being affected all of you can join hands and proceed jointly.
YOU can approach Trade Unions also. It shall be good if you become member.
>>> “Wipro BGV temam telling me that BGV has failed and i will not be getting Relieving letter and experience letter properly. “
‘BGV has failed’ is a very generic comment. What in specific has failed?
You have to ask for answers to be supplied to you in writing under proper seal and signature of the competent employee.
The company probably does not want to supply anything in writing hence the meeting with you so that it can be inserted in your personnel file that ‘Employee has been informed in office by Mr/Ms..................dsigantion.................’
Demand certified copy of the BGV and do not settle for anything less than that.
What is this proper Reliving letter?
IN prescribed ‘Service card’ there is a column for commendations but no scope for any adverse comments.
It is mandatory to issue ‘Service Certificate’. There is no place for negative comments.
Model Standing Orders:
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Reliving letter signifies that employee has resigned, has handed over the charge, and nothing is due against him.
>>> “at the time of joining my previous organisation after BGV check only we were allocated to the CITI banking project”
Demand certified copy of the BGV and do not settle for anything less than that from previous employer too.
>>> “but our previous company(xyz)didn't issued us the service letter and relieving letter until we accept the wipro's offer during the acquisition, ‘
This can not be done.
Employee shall choose with which company he shall work.
Employee can not be forced.
IN your case it was blackmail, coercion, intimidation....................
You could have reported this to police, lodged criminal complaint, approached your lawyer, Trade Unions, o/o Labor Commissioner, Inspector Under Shops and Commercial Establishments act..................
Record this meeting (AV). Keep some Trade Union Member with you as witness.
Guest
(Querist) 18 January 2014
Thanks alot for all suggestions.
Rajendra K Goyal
(Expert) 18 January 2014
Well advised by the expert Kumar Doab ji and other experts, agree to it.
Kumar Doab
(Expert) 18 January 2014
You have rightly noted that the effects of charges leveled by this company and its action can have far reaching adverse consequences of your career therefore prepare well.
>>> Has the company issued any verbal followed by written communication to you regarding findings in its BGV and claiming that your experience certificate is fake?
Have you replied to it?
You could have.
Submit the reply preferably drafted by your lawyer.
The question arises who has been issuing these statement/communications to you: HR , or Line Manager etc........................................and did they not supply the certified copy of the said BGV report despite asking them verbally, in person in office?
HR, or Line Manager etc are not your employer and are at the best are another employee in the company.
THEREFORE IF YOU HAVE RESPONDED TO THEIR VERBAL COMMUNICATION IN OFFICE BY YOUR VERBAL, IN PERSON REPLIES THEN YOU HAVE THE RIGHT TO ESCALATE TO GOOD OFCICES OF APPOINTING AUTHORITY, MD,CHAIRMAN...............................in writing under acknowledgment.
ON your complaint good offices are duty bound to appoint official to address your grievance and later appoint ‘Appellate Authority’.
You may lodge a formal complaint as your right to appeal, at once before the meeting on Monday, by email followed by letter to good offices of appointing Authority, MD, Chairman................................................
This should postpone the Termination apprehended by you on Monday.
If you have not been supplied with show cause notice, written communication ,BGV report etc......................................................either submit leave application under proper acknowledgment or visit office with Trade Union Leader/Lawyer/Labor Consultant...........................and demand all of these in writing under proper acknowledgment to submit your counter and defense and avoid Termination............................................
>>> You have posted that:
----“they asked me to come down for meeting this monday and prove me as fake exp person as there bgv has failed and terminate me immediately “
Show cause notice with specific charge should be issued and opportunity to defend should be given.
The charge leveled on you is serious misconduct amounting to Fraud and termination is imminent.
You have the right to demand the certified copy of the BGV report.
Model Standing Orders: (You can download from GOOGLE, and should also be available on Dept. of labor website of your state)
14. Disciplinary action for misconduct:
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
[(b-a) In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
(5) In awarding punishment under this standing order, the [authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
[(6) (a) A workman aggrieved by an order imposing punishment may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of Cl. (a) specify the appellate authority.
(c ) The appellate authority, after giving an opportunity to the workman of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
15. Complaints.--All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
17. Liability of 17[employer].— The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders
18. Exhibition of standing orders.--A copy of these orders in English and in Hindi shall be pasted at [*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
If employer has not displayed the standing orders near entrance on notice board then let you/colleague as evidence with you/Trade Union leader take a video/snapshot and send by email ( thus date shall get circulated) confirming that neither the standing orders are displayed nor supplied to you and nor followed.
>>> BGV is usually done by third parties whose credentials/details are not easily disclosed.
The agency might have made confirmation by phone from HR of the employer, Previous Managers,
Peers by phone, by email, in person etc.................Even if has obtained verbal feedback it must have submitted written feedback to your employer quoting the names of its sources.
You may demand in writing under acknowledgment to supply by redg. post the certified copy of communications exchanged with agency and statements shared by agency, along with BGV report and not just condensed BGV report.
It is discretion of the company to maintain silence or decline or supply the same.
However your purpose is to check if there is any tangible and prudent evidence or all is just hearsay, gossip, rumor?????????????????
However concealment of any evidence/documented evidence by company may also get termed as fraud.
Concealment of any evidence/documented evidence from court is definitely fraud.
----“No,i haven't furnished any false information at the time of joining my previous organization”
You can produce the salary slips, salary bank a/c statement, PF a/c slips, appointment letter, FNF statement, Form16, acceptance of resignation, service certificate/relieving letter, ESIC card etc of previous employment.
“after BGV check only we were allocated to the CITI banking project, as billing account was transfered to wipro company,’
As already pointed out you may produce copy of this BGV report of previous employer also.
“why this BGV has done now when i have already resigned ?’
If each company has obtained your concurrence in appointment letter/offer letter issued to you, to conduct BGV then it is conducting it as per your consent. Usually the language is like this that the appointment is subject to clean BGV.....................................................implying there is no time limit for conducting BGV.
It is expected of a vigilant employee to go thru all documents including offer letter/ appointment letter and demand that any BGV should be completed and its report confirmed and supplied to employee in writing before appointment and relieving from current employer/employment in hand.
THE EMPLOYEE HAS THE DISCRETION TO DECLINE FOR BGV ALSO AND EMPLOYER MAY CHOOSE TO DECLINE APPOINTMENT IN CASE OF DECLINATURE BY EMPLOYEE AND IF STILL APPOINTS THEN IT IS BY CONSENT.
>> IF YOUR CREDENTIALS E.G. PREVIOUS EXPERIENCE CERTIFICATES ARE FOUND FALSE THEN PREVIOUS BGV IS NOT FOR ANY RELIEF TO YOU.
>>> Do your home work, prepare well, keep evidence, and consult a lawyer AS AP preferably before appearing for this meeting.
You may proceed as deemed fit and under the expert advise of your lawyer.
There was a similar thread initiated by a female employee at Mumbai who had shifted to Pune and since she was composed, Firm, recorded irrefutable evidence, and she successfully resolved the matter in her favor.
In her thread it was felt that the HR wanted to decline notice pay and other benefits by charging her with misconduct.....................It was a very mean approach but that was it.
Dr J C Vashista
(Expert) 19 January 2014
Engage an experienced local labour consultant/ service lawyer
T. Kalaiselvan, Advocate
(Expert) 18 January 2014
