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Issue of service certificate on termination

Page no : 2

Kumar Doab (FIN)     24 January 2012

You have posted that:

"I will follow ur advise certainly .But as mentioned by kumar the IT industry is excepted from labor laws from 2009."

The exemption noted is from Industrial Employment (Standing Orders) Act, which was attached. The exemption was not generic and was not from all labor laws. It is not clear that whether continued exemption has been passed or not?

Kindly follow the advice of learned Mr. Vasudevan, and proceed to get the relief sought by you. We all are benefited by the advice of Mr. Vasudevan.

I offer my sincere apologies for having caused any inconvenience.

 

vikram singh (na)     22 March 2012

 


Please advice me for the reply from company .what should be my reply & queries

Please help me

 

 

Hi,

 

I understand your situation but as per Cognizant policy we will consider your resignation as Job Abandonment because you have not served your notice period as per business requirements.  The Job Abandonment was raised by your HCM supervisor Nanda, Leena (167953). We have sent an email regarding the same and we had called you on the same date but could not reach you.

 

Your HCM Supervisor has mentioned in the comments while raising Job Abandonment that Associate mobile is switched off and he is not responding to mails and calls.

 

We cannot issue relieving letter as per company policy. However if you want an experience letter on the grounds of  JA we can issue it after you clears the due amount if any (through online transfer)  as mentioned in the termination letter. Post finance confirmation of the receipt we will issue the experience letter on the grounds of JA.

 

Please note that the experience letter on the grounds of JA will be in the format mentioned below:

 

This is further to the termination from the services of the company owing to Job Abandonment. Your termination has been processed as Job Abandonment owing to your unauthorized absence from work and failing to respond to our reminders.

 

Your Service record with the Company is as follows:

 

Date of joining:

Date of termination:

Designation at the time of leaving:

 

Please note that post the information through email, warning letters and confirmation from Talent Management we have updated Termination due to Job Abandonment for you.

 

Thanks and Regards,

 

Aparna S

 

 

 

 

From: P, Priyanka Reddy (Cognizant) 

Sent: Thursday, March 22, 2012 4:17 PM
To: Subramanian, Aparna (Cognizant)
Cc: lsrao14@yahoo.com; prakash p; Tatineni, Rajesh (Cognizant)
Subject: RE: FW: Issue of PF & service certificate

 

 

 

Looping in Aparna.

 

Aparna-Please let us know if the JA process(Warning letters) were sent to the associate or not.

 

Regards,

Priyanka.

 

From: prakash p [mailto:123rao555@gmail.com
Sent: Thursday, March 22, 2012 4:10 PM
To: Tatineni, Rajesh (Cognizant)
Cc: lsrao14@yahoo.com; P, Priyanka Reddy (Cognizant)
Subject: Re: FW: Issue of PF & service certificate

 

  Hi Rajesh,

 

                   It is very surprised to not that you want to go ahead with your records maintained by you without verifying the factual position and records available on the subject. However, the following factual position is brought to you once again for your better appreciation 

 

1.       After joinng service on 24 Nov 2008 I had completed training in your company and successfully cleared the tough exams. Thereafter I was given project in “Operational Maintenace” which was also successfully completed. I was also given certificate of merit for completing the above project. Thereafter, I was in general pool from Jan.2010 onwards since, no project was assigned  to me.

2.       On 3.2.2010, suddenly, I got severe head ache and viral fever and become very weak and doctor advised me to take strict bed rest. After this, the position was informed to all concerned and the details of correspondence made in this regard is tabulate below.

3.       From the above, it is clear that I was under medical sick from 3.2.2010 to 3.3.2010 and requeted for treating the above period as sick leave/leave due. Under such circumstances your statement that I was absconding based on your records are factually not correct and evidence produced on record.

 

Further,, it is to state that your justification that the person whom I had sent communication via courier  and met personally on 11.3.2010  has left the company and has not updated my communication and intimation in company records is the internal work/responsibility of the company for which I cannot be faulted. (The company is at fault for having such a loose system and abandoning the employee on such flimsy grounds).

 

 

First of all, company cannot presume that I have abandoned the service unless due opportunity is given. In response to company notices ,my father has replied for which there is ample proof on record which is attached for reference. After sickness, I have reported to company.Till date I have not received any written orders indicating my job abandonement & separation.If any such order is issued copy of same may please be furnished along with proof of receipt of the same.

 

 As such, the abandonment is illegal.

 

Your contention that no service certificate will be given in case of absconding separation is not applicable to my case.

However if there is any such rule in the company  the same me intimated to me via a email copy (Word /Pdf) for taking  further action in this regard.

You are kindly advised to look into matter & issue service certificate at earliest.

Also my PF dues are not settled till date for which I submitted the required documents on 24 Jan 2012.

 

Matter Urgent

 

Thanks & Regards

 

L.Tejprakash rao


Attached File : 352604487 cts.docx downloaded: 128 times

Kumar Doab (FIN)     22 March 2012

Kindly visit your lawyer in person with all records and discuss your matter in detail. Your lawyer may choose to issue a legal/demand notice looking into your profile and merits and may decide to approach appropriate forum O/o Labor commissioner/civil court.

1 Like

Sudhir Kumar, Advocate (Advocate)     24 March 2012

You have to meet the nearest availble lawyer with records.

vikram singh (na)     05 April 2012

Can any of u suggest good lawyers in hyderabad for my problem.

VASU is certificate mentioned by company is  the required format or clean certificate has to be issued with mentioning cause of abandonment

 

Please claify

Kumar Doab (FIN)     05 April 2012

You have resigned. You have not abandoned the service. Company has quoted its own internal policy to declare you having abandoned service.

If you wish to contact LCI lawyer you may click on lawyer Search at LCI portal or

Related 'Labour & Service Law' Lawyers

 

 

 

on the bottom of this web page. Your near and dear ones can also guide you to a competent and experienced service lawyer.

Company can post good/adverse/no comments in work experience/service certificate.

It shall be appropriate to highlight your meritorious services in your petition and bad policy of the company.

Swaathi   23 April 2018

Hello Vikram Can you let me know on whther u managed to get the clearance certificate from Cognizant as im going through the same situation now.

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