shri (tech lead) 28 January 2015
Kumar Doab (FIN) 28 January 2015
The easiest solution is thru Employer and it can erase the comments and issue a new one.
Advise her to apply rapport, goodwill, persuasion, persistence skills…. …….
If she is unable to handle on her own then she may approach her employee’s /Trade Unions like CITU-INTUC-AITUC-BMS etc…………………or an able labor Law Consultant/Service Matters Lawyer….
If she is not a member of any unions then she has grossly erred. Employees face such situations because they feel that they shall lower their status by becoming member of employee’s unions……………while unions can handle such matters effectively and can negotiate service conditions….
Now there are female IT/ITeS employees unions, IT/ITeS employees unions, and one was floated by Shiv Sena too…………
In
-Trade Unions have traditionally been strong and may agree to represent you……
-MRTU,PULP is to defend the rights and Industrial Tribunals can be approached…..for unfair labor practices….
-Managers are also provided opportunity and employer is given opportunity to resolve under PAMS…personal advisory and managerial servicate…….an informal plateform to resolve before reference to appropriate forum…….
1. Does she have declinature by any of the employer in writing or on record in any form in the last 5 months?
2. Did she object to the comments in writing under proper acknowledgment?
3. Has the employer ever issued any stinkers to her on the comments stated in experience letter?
4. Is the feedback that is stated TRUE?
The experience certificate or service certificate is duly explained in Industrial Employment Standing Orders Act /Model Standing Orders; Sec16..........Service card is prescribed and employer has to use the prescribed form/format for it……………………
As per service card available at Delhi Govt website there is no column for stinkers and there is column for commendations……
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1[FORM V] |
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[See Standing Order 1, Schedule I-B] |
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Service Card |
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You may check the details as in
https://mahakamgar.gov.in/MahLabour/acts-rules.htm
and also relate with Model Standing orders;
https://pblabour.gov.in/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf
IT companies in
https://mahakamgar.gov.in/MahLabour/images/pdf/the-bombay-shops-establishments-act-1948.pdf
that was enacted to govern the service conditions of employees working in such establishments and standing orders are applicable…………as per Bombay Shops and commercial Establishments Act ;Sec38-B, if the establishment has 50 or more employees standing orders shall be applicable and if standing orders are not certified Model Standing Orders shall apply….
You may download the various forms that employer has to maintain on the attendance, leave, service card, service certificate etc of employees thru Inspector under Bombay Shops and commercial Establishments Act and relate the facts……………….
Availing leave is not misconduct.
Many leaves is also not misconduct.
There is nothing called as Intermediate Performer………………(do you have performance data and performance parameters? )
Service Certificate does not entail for performance……………
An able lawyer may opine that she can sue the employer for act of zealous mindset, vindication, discriminatory retaliation, defamation,……………………………..
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