Need labour act details for collecting experience & releaving letters from previous organization

Any employer can absorb without service certificate, relieving letter.

Appointment letter, copy of resignation and POD,Form16,PF a/c slips, salary slips of each month etc may suffice.

Why the employer demanded money from you?

Did you  sign any Bond?

Mr. Kumar,

There was no Bonds and they are telling like to serve 2 more years here or pay for 3.5 Lakhs for gettting certificates, I think they are threaden me to holding here

It's IT organization so my new company were asking these certificates to submit

Thanks for your update !

You have posted that:

"I have all documents like Salary slips, Offer letter and recorded files for threatened me"

No one can force employee to work with employer.

" I served my notice 3 months fully as per policy, due to this time my employer not confirmed my resignation"

Resignation can be without notice and approval.

The employee has severed the employer-employee relationship the momemnt employee has resigned.

Kumar,

If I approach them legally means,Is it possible to get my work experience certificates? and tell me as how much time it takes??

I were asking these details for TamilNadu, Chennai

Thanks!

You alone would know how much time would it take!

You should have obtained it on LWD.

After all you have tendered due notice period of 90days that is more than sufficient to complete and clear all exit formalities.

It is a matter of question: if notice period of 90days indeed applies in your case?

Rest you have not posted full facts about establishment, employment, reasons, real facts etc.

Thanks for your wounderful update Kumar, it was really helpful to me !

What is this establishment; Commercial, Industrial?

What is its line of business?

Howe many persons are working with it?

Since how many months you have been working?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?

How many persons report to you and what is such report? Does it involve any decision making process, by you?

You are in which state ( Noted; Tamilnadu)?

What is your monthly salary?

Do standing orders (Model/Certified) apply to establishment/your designation? If yes are these certified? OR has it been exempted from standing orders?

Are you a member of employee's/trade unions?

Are you sure that your next employer shall absorb you on the strength of just copy of notice and final resignation?

And it shall not demand service certificate, relieving letter?

Would it conduct BGV?

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

Did you resign thru some software tool?

Prefer to send from personal email id or by letter thru Redg. post.

- Its a Commercial company 
- It's a Testing based company
- 30 Members are working right now in India
- I left my Company one month before after finished my notice period, cause my salary was blocked for 1.5 Months
- My designation is Testing Engineer
- Duties are Tester as well as developer

I don't have any power regarding whatever you mentioned in the above messages
State - Tamilnadu
Mothly salary - 25000/Month
I'm not a member of any Employee's union

My next employer demanding atleast relieving letter or resignation acceptance mail

There is no software for resignation, resignation conversation happends only in formal mail

Note: I've already send a legal notice two days before through local lawyer, she gave a assurence to collect all certificates but I want to know its possible or not. Kindly tell me as Is it possible to collect all certificates? and want to know as how much time it takes??

Ther are many IT/ITeS employees unions and they have doen a good job in Tamilnadu even when Giants like TCS were involved......................and have affilliated with trade unions.

Employee should prferably consult counsel specializing in Labor/service matters.

 Submit in writing under proper acknowledgment to appointing authority/MD, on Non payment of wages and expenses and ask to supply acknowledgment and acceptance of notice/final resignation, service certificate/relieving lettedr, correct FnF statement, FnF dues,salary slips of all months,PF number and a/c slips, Form16 as per correct FnF statement,ESIC card etc...........................and declare that you are being rendered unemployable and company shall be responsible.

Employee can lodge complaint the moment payment of wages is delyed even by a day and emnployer can be penalized.

Your counsel may opine that you can approach:

Inspector appointed under Tamilnadu Shops and Estbs Act, Payment of Wages Act

O/o Labor Commissioner

Higher officials of Dept. of labor

Thank you so much for your reply Kumar, it was helpful to me.I will try to approach through labour union.

Kumar Sir this is bhushan from mumbai.

I have read the post in case of mahendra from tamilnadu. Mine is the same case except I had not served the notice period of 3months rather I had worked for 13 days after sending the resignation mail. I was ready to serve for 1month but employer said you have to serve full 3 month notice period. But my new company was not ready to wait for 3 months so I joined them. I want my monthly salary, exp letter, PF which last employer is saying you are absconded. So can I get all my dues clear. Please give me some suggestion.

@ Bhushan,

Is it the same query that you have posted at:

https://www.lawyersclubindia.com/forum/Pf-withdraw-142212.asp