sibsankar Das 14 September 2016

Not giving experience letter

Hi sir, I was worked with one ecommerce Limited company(sales and marketing) for 10 months, due to low performance company was asked for one day resignation, I was resigned but the Manager was not giving the experience letter, I don't know why, now I joined another company but they want to call the HR of my previous company for verification. I need advice please. How I get the experience letter or positive feedback from this co. to my new joined company

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8 Replies

Kumar Doab (FIN) 14 September 2016

Service Certificate should be issued to all employees.

Write to manager,HR Head,appointing authority,MD under proper acknowledgment.

Copy of appointment letter, resignation, acceptance,FnF statement, salary slips of all months,Form16,PF a/c statement,ESIC card, NOC/NDC, can serve the purpose.

Give phone numbers and let HR call and confirm.

sibsankar Das 14 September 2016

Should I mail to HR,Manager for giving me the experience letter, actually I left this job on 6th of Nov 15, and I called manager for giving me letter but he denied. Now what can I do. Suggest please

Meenakshi (Lawyer) 14 September 2016

Well If yyou need a good feedback from your previour organsation, the same now depends on your performance and how good or bad your employer is. You have said you had low performance issues, then why are yo even expecting the employer to speak any goodabout you.

As far as experience letter is concerned, again the same depends on your employer. Have you visited the office asking for an experience certificate? WHat was the response.

In any event, if you have an offer letter and/or appointment letter issued by the company you can send them a Legal Notice. If your issue was non-payment of salary which is a matter of right, Id suggest police complaint.

Kumar Doab (FIN) 14 September 2016

Performance may be due to factors out of control of employee.

Service Certificate usually does not include any perfromance...................

e.g;

1[FORM V]

[See Standing Order 1, Schedule I-B]

Service Card

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+(Standing+Orders)+Central+Rules,+1946

sibsankar Das 15 September 2016

Hii, I am taking about how i get the experience letter. Is there any legal advice for me. This issues happens with many more employees also, even HR was not aware about it, because manager was denied for giving letter.

Meenakshi (Lawyer) 15 September 2016

Send a Legal Notice Sibsankar Ji.

Kumar Doab (FIN) 15 September 2016

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946

13. Termination of employment:

-(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated

. 16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate. 17. Liability of 17[employer].--The 19[employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

https://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf