Rubi (unemployed) 08 July 2011

Denial of issuing Experience certificate by employer

My friend worked in PSU company for nearly 10 years. The notice period for the resignation was 3 months, but he quit the job within 45 days after resignation. For the remaining period of 45 days he paid the compensation to company. This had all happened in 2006. Since then he is trying to get experience certificate, but the employer is denying on the ground that 'It will not issue the same as the 3 months notice period was not served'.

My query is ,.....

1) Is it legal on behalf of employer to do so.

2)Whether an employee dont have the right to get the experience cerficate (if he is associated with company for decade)

3) To get the document , can we proceed in legal way, as the door are closed from employer now.

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6 Replies

Kumar Doab (FIN) 08 July 2011

Kindly check the appointment letter and study the terms of termination of employment.

The company might have mentioned:

-either party can terminate the employment by a notice of 3 months or notice pay in lieu of notice, then there is no scope of any dispute.

- the notice period can not be compensated by notice pay.

-company can terminate the employment by a notice of 3 months or with immediate effect without assigning any reason and by paying notice pay for 3 months.

The employment contract which does not provide equality to both the parties does not hold good.

Employee can not be forced to continue to work, at the most compensation can be asked for.

The employee has already tendered the notice pay for remaining period of the notice, and company has accepted the same.

Experience certificate can not be held. Company can sit on the relieving letter.

The employee as a good gesture can submit a final representation in writing under acknowledgment, to appointing authority, MD, Company Secretary and demand the experience certificate be supplied within say 15 days by registered post.

If it is not supplied, a legal notice can be issued. If the employee is a workman, employee can approach the labor authorities.

V. VASUDEVAN (LEGAL COUNSEL) 09 July 2011

Every employee (even non-wrokmen) are entitled to get a service/experience certificate). Issue a simple notice (you can write yourself) to the CEO of the organization, demanding issue of the certificate.

vasudevan

(Guest)

Definitely, the employee has the right to get the experience certificate. The employer has no right to refuse grant of experience certificate with the lame excuse of shortage of notice period.

Human Resource ( HR) 21 July 2011

Can employer refuse to relieve the employee or refuse to issue the documents on basis of short notice as well as the employee is willing to pay the amount and willing to leave the salary for the month present month means he is ready to pay the present month salary as well as 1 month salary?

(Guest)

Dear HR,

The employer has the right to recover/deduct only that much amount which equivalent to salary for the period short of notice period as per the terms of employment, irrespective of what the employee has written or committed to pay. However, the company is obliged to relieve him after deduction/recovery of the dues. The company can also not refuse to issue the documents due to be released by it.

Human Resource ( HR) 22 July 2011

Dear Mr. Dhingra,

I am thankful for your suggestion but what if the organization is not at all willing to give the documents unless and until the employee go for legal action and loose the career and get the documents after the judgement after many years when employee is already lost (because of personal ego or some other issue)? is there any other way to solve this kind of issues?

Please suggest as many way you may have, some one i know is facing this issue and very much tensed and harassed.