Need advise to get experience letter and relieving order

Send a gentle representation to your appointing authority, MD/CEO, HR-Head, Company Secretary, stating that you have given representations’ to company on dated..................to Mr/Mrs......................designation................and again on ..................but he/she denied to supply the service certificate mentioning your designation period of employment. Hence you are requesting the good offices of MD/CEO,HR-Head, Company Secretary to intervene and supply the same to you by registered/speed post so as to be received by you within next say 15 days.

if it is not supplied, you can issue a legal notice or lodge a complaint with labor authorities.

You are within your rights to get service certificate. Company can sit on relieving letter.

Kumar, In my concern there is a team called Separation Team whether they will issue experience certificate and relieving order. My manager enquired there and gave the update that "as per company policy once the employee terminated we will not issue experience and relieving letter". So whats the next step to be taken from side.

You should submit written Notice ( which you can also send),under acknowledgment by regd/speed post to  your appointing authority, MD/CEO, HR-Head, Company Secretary,and request for reply and supply of docs demanded by you,let any one reply on their behalf and quote any company  policy in writing.

If you do not get any reply or docs, you can approach labor authorities.

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I do agree with Kumar. If there is written policy of company then you are not entitled to claim otherwise issue notice and then move to labour court as per Standing Orders your referred in your query.

In my offer letter they didn't mention that terminated employee will not get experience certificate and relieving order and even in my warning letter they didn't mention the above one. So shall I send written letter to HR team?

I had the proof and will attach (offer letter and 2nd warning letter) tomorrow in this forum

I will attach the 6th Clause page and 2nd warning letter to you Sir.

FYI....

CERTIFICATE OF SERVICE

DRAFTED IN ACCORDANCE WITH THE PROVISIONS OF THE BASIC CONDITIONS

OF EMPLOYMENT ACT, no 75 OF 1997 (AS AMENDED) AND THE LABOUR

RELATIONS ACT , no 66 OF 1995 (AS AMENDED) AND ANY OTHER STATUTORY

REQUIREMENTS.

(IT IS COMPULSARY BY LAW TO PROVIDE YOUR EMPLOYEE WITHA CERTIFICATE OF SERVICE ON TERMINATION OF EMPLOYMENT)

There is no need to mention each and every stnading order in appointment letters.

Ok Raj Kumar Sir once I get Form 16 and PF withdrawal I will write a letter to Seperation for experience letter and relieving order and will mention that there is no written policy in my offer and warning letter. Is if fine Sir?

You should rather address your communications to the good offices of your appointing authority, MD/CEO, HR-Head, Company Secretary, and let any one or any other dept. or tema reply to it and quote any policy of the company in writing.

You are within your rights to get:

-form 16. You must send written communications for supplying ( by regd/speed post only)you the same, to the concerned HR-Head, and reminders to the good offices.If company does not supply  it, you can lodge a complaint with office of jurisdiction of IT commissioner. You can find this office by giving PAN/TAN number of the company to any IT office.Heavy penalties are imposed by IT Dept. for withholding form 16.

-PF. If company does not supply you the forms/ or does not submit your forms to concerned PF office, despite your reminders ( in writing) and does not supply you the receipt issued by PF office, you can complain to the concerned PF office.Heavy penalties are imposed by PF office for harassment caused by company.

You should ask the company to supply each and everything by regd/speed post only and should mention that if company wants you can send postage prepaid self addressed envelopes, and mention that nothing should be sent by normal post or courier.

I had a doubt. If I send the application for getting the required letters and if HR (Seperation Team) send their HR policy in written to me where I am not aware of that. In this condition what can I do? Shall I defend that there is no written on my offer letter as well as warning letter.

Please advise me...

So far company has only communicated verbally to you. Upon receipt of your written representation they may or they may not reply.if they do not reply or  If they reply declining to supply the service certifcate and quote any compnay policy, you have a reason to approach labor authorities.

You have yourself quoted standing orders in your post and you are entitled. Service certificate can not be denied.

If their any other way to obntain it kindly adopt it.

My office is in Bangalore and I had a doubt. The Karnataka Shop & Establishment Act does not have a specific provision for Service Certificate.What can I do further.

I need Ram Kumar's intervention over here..