Dhruva 07 June 2016

Experience certificate from ex-employer (10 years back)

Hello Members,

I am a software developer having 10 years of experience in IT industry. During my start of the career i joined a small company and worked there for 1 year, when i left the company i did not get relieving letter so my exit was not clean from that company, conditions they put me for getting my relieving letter were nearly impossible to fulfill, and my new company did not required any letter so i joined new company.
After 9 years in different companies with proper certificates i need to apply for immigration to Australia for which I need to show 10 years of experience, and for this I need to get 1 year of experience letter from my ex-employer.

I need your help in below areas -

I called them up and asked for letter, they gave very casual type of answer and said they will look into it but it may take time and since a long period of time has passed (10years), they may not able to provide the letter.
1. I have sent them a mail having my joining letter and salary slips, what can I do if they refuse the letter?
2. What if they refuse letter by saying that my exit was not clean, should I try to negotiate with them by asking to pay my last one month salary (at that time it was Rs 15,000) as my dues?

PS:- I have the signed photocopy of my offer letter which in addition to other conditions also mention this clause - "My engagement will be liable to be terminated on one-month notice by either party"

Thanks!!!

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4 Replies

adv.bharat @ PUNE (Lawyer) 07 June 2016

Try to convince them and get the work done or pay the one month compensation.

1 Like

Kumar Doab (FIN) 07 June 2016

You may post the exact extract from appointment letter on termination/resignation. ( Noted: 30days notice period as per your post).

What is your designation and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations? ( Noted; Software developer)

You were in which state ?

What is this establishment; Commercial/Industrial (e.g IT company) ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?

What was your last drawn salary?

You were under probation/confirmed?

Do you have acknowledgment of notice of resignation and its POD?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?

Has employer supplied anything to you in writng, till date?

Did you record the calls etc?

What was the max. number of employees this company had any point of time?

Which conditions they put for getting my relieving letter that were nearly impossible to fulfill?

1 Like

Dhruva 08 June 2016

Originally posted by : Kumar Doab

You may post the exact extract from appointment letter on termination/resignation. ( Noted: 30days notice period as per your post).
Its the exact extract from my appointment letter

What is your designation and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations? ( Noted; Software developer)

I was a software developer

You were in which state ?

Uttar Pradesh

What is this establishment; Commercial/Industrial (e.g IT company) ?

IT Company

Does it have Certified/Model standing orders and does it apply to your designation?
Not Sure
Are you a member of employees/trade unions?
NA

What was your last drawn salary?

INR 15,000

You were under probation/confirmed?
Confirmed

Do you have acknowledgment of notice of resignation and its POD?
No, They blocked my mail and did not accepted my resignation. Actually i gave interview in a company which sent an an enquiry to this company without my resigning.
Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office?
No, They blocked my mail and did not accepted my resignation
Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?
Only Salary Slips
Has employer supplied anything to you in writng, till date?
Yes, A letter for internet connection on company letter head mentioning I am working there since last one year
Did you record the calls etc?
No
What was the max. number of employees this company had any point of time?
20

Which conditions they put for getting my relieving letter that were nearly impossible to fulfill?

As mentioned above, after qualifying interview of new company that company sent an enquiry even before my resignation, which angered my employer and asked me not to join new company or he will take strictest possible legal action against me. Will say it was kind of ugly spat etween him and me and I moved.