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Chandan Das (Digital Marketing Analyst)     27 April 2011

About Experience Letter from my old employer

Hi,

If  employer doesn't give Experience Letter or Relieving Letter without any reason then how can a employee get that Experience Letter or Relieving Letter in legal way.Is there any law ?Kindly suggest me

 

Thanks

chandan



Learning

 7 Replies

Kirti Kar Tripathi (lawyer)     27 April 2011

 

To issue relieving order or experience letter is the mercy of employer. There is no law, which may compel an employer to issue the same. But normally if the relations of employee with his employers are smooth, no employer refuses to issue the same if an employee leaves his employment in healthy atmosphere. 

 

1 Like

Darshan Sharma (Lawyer-cum-detective)     28 April 2011

Send him a polite letter about leaving the job from the date when discontinued his service requesting for the experience certificate. Send this folded letter WITHOUT ENVELOPE by speedpost + AD

V. VASUDEVAN (LEGAL COUNSEL)     28 April 2011

As per the Shops & Establishment Act, it is mandatory for the employer to give you a service certificate. While he may not give his remarks on the service, the service certificate would cover the period of employment. Demand for this or lodge a complaint with the local labour inspector. vasudevan

Mamta (mamta.4545)     02 May 2011

i don't think that shop and commercial establishment act of any state prescribes any such provision. at least u.p.shop and commercial act does not contain any such provision.

Chandan Das (Digital Marketing Analyst)     04 May 2011

Hi,

Thanks for replies.I have already send polite request and they told me it will be given  soon,but till date i didn't get (around 20days from day of commetiment).Now what can employee do in this satge ?

 

Thanks 

Kumar Doab (FIN)     04 May 2011

You have mentioned that:

-"I have already sent polite request" hope it by letter under acknowledgment.

-"and they told me it will be given soon", it is believed it is verbally.

You may send a gentle reminder mentioning your representations in chronological order with date time, phone numbers, name of employee contacted by you, and letters supplied by you to good office of your appointing authority, MD, Head-HR, Company secretary, and request to supply by registered post with AD. If it does not fetch you desired results you can approach the labor inspector.

 

For your next venture your F&F, salary slip of last drawn salary showing DOJ, copy of resignation with acknowledgment, acceptance letter should suffice. You shall have to convince your next employer.

 

 

 

 

 

 

 

 

 

Mallik Karra (Done with AIBE)     05 May 2011

As mentioned by Mr. Tripathi, if the employee is to be given his relieving and experience letter at the mercy of HR's then the other company should not ask the employee for experience or relieving letter... the purpose of which is to authenticate the working experience and to rule out any dual employment.

 

There had to be a proper mechanism in place and it is high time the govt look into this.

 

@ Author,

 

what ever state you are file a public grievance if you do not get your certificates early. Let your voice reach the govt. may be then the govt will make some laws oit.

 

visit the below site and file the grievance.

https://pgportal.gov.in/Grievance.aspx

dont just be a tax payer as an indian citizen, fight for your rights also.


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