Sridhar Mani (Manager) 23 August 2013

Denied of employment experience letter

Hello Lawyers,

My friend is in a peculiar situation and need your help desperately.

My buddy was employed in a MNC Software company between 2006 to 2010. Due to personal reasons and unavoidable circumstances, he had to discontinue his work and he did not inform his employer. Since he did not report his leave of absence for a period of over 6 months, company terminated him citing uninformed leave of absence as the reason.

Since then, he has been trying to get an experience letter from that company but they are denying the experience letter citing the reason for his termination.

He asked them to provide at least a letter saying that he was employed under their payroll from "so" and "so" period and he was terminated due to "So & so" reason... but they did not offer him this letter too... Without this letter, he is not able to get other job as all other employers are asking for some kind of proof that he was employed in this company. His 3+ years of work experience has gone completely useless since his ex-employer has denied him this letter.

Need your advice on this matter. Can his ex-employer legally deny him this experience letter? Is there by any legal means he can get this letter?

Thank you !!!

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1 Replies

Kumar Doab (FIN) 23 August 2013

Software companies are covered under (Name of the state) Shops and Commercial Establishments Act.

If relieving letter can not be issued to you, you may demand service certificate (without any comments in particular adverse comments. Let the format be as endorsed by o/o Labor commissioner)

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.‘

Standing orders are applicable to commercial establishments to which Payment of Wages Act applies.

Your state might have issued the notification to this effect.

e.g; Kerala

You may go thru:

https://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UgIP99KAqWM

State of Karnataka has ended the blanket exemption granted to IT companies from provisions of Industrial Employment Standing Orders Act.

The service conditions stated in standing orders shall prevail upon appointment letter.

You should approach your lawyer.

It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the expert advice of your lawyer. Let your lawyer ask you a set of structured questions and opine whether employee would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!

Your lawyer that has seen all of your docs and has analyzed your inputs can advice you best.

Legal notice by the lawyer helps to drill sense into the heads.

The lawful authorities are:

- if the establishment is covered by ‘Shops and Commercial Establishments Act’ and employee is covered as ‘employee’ : Inspector under this enactment may be approached.

The Labor Inspector may also be the Inspector under this enactment. Local o/o Labor commissioner can guide you.

-if the employee is covered as ‘workman’ o/o Labor commissioner can be approached.

Seasoned Trade Union leaders can also be approached.

If there are acquaintances that are apt at arbitration, mediation, reconciliation, negotiation they may succeed to get you relief.

Attached File : 933666398 model standing orders industrial employment standing orders rules.pdf downloaded: 130 times