Issue of service certificate on termination

First of all, no employee should be presumed to have abandoned his service unless due opportunity is given. Fair opporunity could be by sending a notice to show cause duly serviced at his recorded address and the employee not showing proper cause. In the instant case, the termination is illegal. You may file a complaint before the labour authoirites/labour court under the Andhra Pradesh Shops & Establishments Act. Approach a local labour law expert and get the complaint filed. However, if you dont want pursue this and getting a better opportunity, you can file an application under the said Act and the Company is obligated to provide you with the certificate. 

vasudevan

Thanks for reply vasu.

Actually they sent letters to my home address listed when i was sick regarding absconding from services

Did u go trrough the attachment in which issue regarding service certificate is not entertained telling absconding as reason.

Please help me with best available law in the court & any other methods of obtaining the service certificate

Thanks

tej

The termination is legal

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

You have posted that you have informed the comapny about your sickness by email, letter, fax etc.

You need to keep the email copy ( if possible read and receipt report also) , POD from courier ( if you have not obtained you can obtain from website of courier and also from courier on line), fax transmission and delivery report.

The company is giving only one justification that the personnel to whom you have posted your communications have left the company and has not updated your communication and intimation in company's records. This is not your fault. Company is at fault for having such a loose system and terminating the employees on such flimsy grounds. You can proceed against the company if you want.

Other contention of the company the service certificate is not issued if the employee has abandoned the employment is also flimsy since you have not abandoned the employment and this reassoning of the company even if is as per internal policy of the company, is not as per the rules and act which are applicable on the company.

If the personnel of the company are not  not willing to listen to you, you can try by approaching the good offices of the company in writing under acknowledgment, i.e. appointing authority, MD, CEO, Chairman, Company Secretary, Head-HR with all details and your demands in gentle manner and ask to supply you relief and your pendencies ( mention a list) within say next 7 days or you shall ebb constrained to approach the lawful; authorities, and company shall have to pay you the legal consultation , fees, and other   expenses.

If no relief is granted kindly proceed in a lawful manner.

Thanks for your valuable advise Mr Kumar.

I will certainly follow steps & revert back in case of doubts.

Can u please kindly let me know the company laws applicable for issue of certificate in case of terminated employee so that i can mention same via email to company.

Thanks

Tej

It shall be better rather to let company quote to you in writing by which rule, policy of the company work experience/service certificate is being denied to you. If HR is adamant you may approach good offices.

A sensible HR shall rather issue the certificate on its own without any adverse comment after the dispatch of termination order.

Kindly look into the attachment.

In your case the company is forcing you to believe that you have abandoned the employment so that no notice pay etc is to be paid to you. This is practice is coercive and illegal and amounts to willful fraud, cheating, malpractice.

Do you wish to give your hard earned wages as a parting gift to company and face insult and harassment? It shall be better to sound the good offices in writing once and then lodge a complaint with o/o labor Commissioner preferably under expert guidance of a labor consultant/lawyer/law firm. If you do not send your lawyer to o/o Labor commissioner/labor Court Company can also not send its lawyer.

13.  Termination of employment

        (3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

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.

 Kindly make a note that "standing order is one-sided. Check with legal professionals. Standing order is for administrative controls"

Kindly look into the attachment.

Thanks a lot Mr Kumar for ur replies.I m very thankful to you.

Please clarify one thing.

I did not understand one thing.standing order is one-sided. Standing order is for administrative controls".Please kindly elaborate.

Does the act apply to IT comapnies.

September 1, 2009

Sept. 1 – The Indian government is exempting IT and outsourcing companies from the provisions of its labor law for two years to help firms cope with the challenging business climate.

The current status is not known.You may take up your matter with a competent and experienced service lawyer/law firm/lawyer at your location. If you wish to consult LCI lawyers their profile is given at " Related 'Labour & Service Law' Lawyers"

 on the bottom of this web page.

Kindly look into the attachment. Many of the IT professionals are expressing their anguish at various web portals.

It is high time that they unite.

Can any one help me with latest laws on IT industry

Thanks

Tej

My replies always consider the whole fact and where attachment is available, after going through the same. The Company may be right in termination, if the letter was serviced at your recorded address. However, if the same was returned delivered, the company ought to have made further efforts before presuming abandonement. While you have equally failed from your obligations by not informing about your sickness and availing sanctioned leave, the termination on this ground is wholly unjustified. You fan file a written complaint before the labour comissioner. Even if you are not interested in the employment, can demand the service certificate which must be provided.

vasudevan

Thanks a lot vasu .

I will follow ur advise certainly .But as mentioned by kumar the IT industry is excempted from labourlaws from 2009.

My period of service is from 2008-10.

Please advise & clarify vasu, can law be helpful to me

Thanks

tej

Learned Mr. Vasudevan has made the matter crystal clear “You may file a complaint before the labour authoirites/labour court under the Andhra Pradesh Shops & Establishments Act. Approach a local labour law expert and get the complaint filed.”

Your counsel at your location shall be able to handle the matter.

You may initiate your action.