Please provide me some help here

DON'T INDULGE IN SUCH PRACTICES.

Your offer/appointment letter/resignation letter/acknowledgment of notice-resignation-acceptance/FnF statement/PF a/c slips of each year/Form16/salary slips of each year etc can be as good as 'Experience/Service Certificate'.

You can demand the  'Experience/Service Certificate', Relieving letter.

Relieving letter signifies that the employee has separated and there is nothing pending at the end of employee.

Notice period/pay is part of service conditions and is govered by various enactments applicable at that time and both employer and employee can tender notice pay in lieu of notice period.

You were in which state?

Establishment was in which state?

Usually such companies are covered by Shops & Estbs Act.

When a letter is issued the facts mentioned in the letter could be used only for the purpose for which it was issued. In fact in Government when such a letter or a cetificate is issued they will write "this is issued for the purpose of -----------. Do not use forged or fake letters or letters not issued for the purpose. You have 9 years of solid experience. Your prospective employers will not be so hard and fast about the 10 year figure. They will look into other things also. They will also compare you with your competitors. You can mention about the one year experience also without any letter or certificate to support it.

Querist @ Dhruva,

If you post reply to the points raised then further inputs might be possible.

Hello,

Thanks to all for your replies and giving my query your valuable time.

Yes I know what I am asking is kind of not as per law.

Actually for immigration purpose I need to show 10 years of experience. The owner of the first company was a very malicious person, our work hours there were around 16-18 hours six days a week so it was very difficult to find a new job,  When I got the new job I had to join within one week time, I discussed this with my manager who leaked this info to our owner. Now this may seem unbelivable to some of you but owner of the company threatened me with filing an FIR if I joined new company without giving him three months of salary or three months of notice period (only six people were workin there and it was not mentioned in my contract)... I discussed this my new employer and they asked me to join without any releiving letter so I resigned from my old company and joined the new.

Given above circumstances could you please suggest me how can I legally obtain letter of experience from them?

Thanks in Advance

This thread inititaed by you could have been concluded; Had you posted entire information!

You have not posted any reply to the points raised e.g;

"You were in which state?

Establishment was in which state?"

You have posted in your last post that:

--"but owner of the company threatened me with filing an FIR if I joined new company without giving him three months of salary or three months of notice period (only six people were workin there and it was not mentioned in my contract)"

What was issued to you; Contract of employment/FTC/Contract of work/offer letter/appointment letter?

If it was not mentioned in your contract then it shuld not apply to you. HOpe you have the copy of all rules/policies mentioned in contarct/appointment letter.

What notice period was mentioned in contarct/appointment letter issued to you?

--" I discussed this my new employer and they asked me to join without any releiving letter so I resigned from my old company and joined the new."

What was tendered by you ;notice of resignation, resignation with immediate efect?

Do you have the copy of it and also its POD/acknowledgment?

Did the employer issue any written communication to you after notice/resignation and also any FnF statement, FnF dues etc?

--"our work hours there were around 16-18 hours six days a week"

Do you record to prove it?

Did you ever demand OT?

You can demand and get service certificate, relieving letter, from employer, under proepr acknowledgment.

If you are unable to resolve on your you may engage an able counsel specializing in Labor matters.

This thread inititaed by you could have been concluded; Had you posted entire information!

You have not posted any reply to the points raised e.g;

"You were in which state?

Establishment was in which state?"

You have posted in your last post that:

--"but owner of the company threatened me with filing an FIR if I joined new company without giving him three months of salary or three months of notice period (only six people were workin there and it was not mentioned in my contract)"

What was issued to you; Contract of employment/FTC/Contract of work/offer letter/appointment letter?

If it was not mentioned in your contract then it shuld not apply to you. HOpe you have the copy of all rules/policies mentioned in contarct/appointment letter.

What notice period was mentioned in contarct/appointment letter issued to you?

--" I discussed this my new employer and they asked me to join without any releiving letter so I resigned from my old company and joined the new."

What was tendered by you ;notice of resignation, resignation with immediate efect?

Do you have the copy of it and also its POD/acknowledgment?

Did the employer issue any written communication to you after notice/resignation and also any FnF statement, FnF dues etc?

--"our work hours there were around 16-18 hours six days a week"

Do you record to prove it?

Did you ever demand OT?

You can demand and get service certificate, relieving letter, from employer, under proepr acknowledgment.

If you are unable to resolve on your you may engage an able counsel specializing in Labor matters.

The indivisuals that do not participate in forums/acitivities/unions etc during college, later while in employent are ill informed.

Your being fresher while in 1st job does not prohibit you to consult elders in the family, Employee's/Trade union leaders, an able labor Law Consultant.................Employee should always consult before acting on his/her own.

Notice/resignation should be supplied by letter addressed to appointing authority/MD by Redg. Post and POD obtained.

In  Noida UP Shops & Estbs Act (U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 ) applies.

https://talkhrm.com/wp-content/uploads/2014/11/U.P-Dookan-Aur-Vanijya-Adhishthan-Adhiniyam-1962.pdf

You may go thru all sections carefully and also:

20. Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment. (2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer

 and Various forms prescribed under  UP Shops & Estbs Rules e.g; Form H

Likewise in Delhi it is Delhi Shops & Estbs Act.

The Inspector appointed under the Act can help you to get the service certiifcate.

If entry was stopped in office it amounts to termination and hence you can claim termination with notice pay and wages for all days you were not allowed to perfrom duty.

You might have sent the resignation/reminders  by normal post and hence you can produce the photocopies.

The tthreatening email by manager can help you.

If you are unable to resolve on your you may engage an able counsel specializing in Labor matters.

I am amused to see the response of some members to the question raised by Mr. Dhruva. When one is faced with an issue it is important to focus on the issue like Arjuna and not get carried away by extraneous matters just because they bear some relation to the issue.

The problem of Mr. Dhruva is not his dispute with a former employer 9 long years ago. He only wants to add one more year to his service record. His one year service 9 years ago was a fact. His only problem now is that he does not have a record of that one year. It appears he is bothered that he does not have a testimonial such as a letter or a certificate from his then employer. He is saying that he has a letter from the then employer issued for the purpose of a telephone connection. He is asking whether he can make some alterations in the letter and use it. He does not say what alterations he wants to make and why. He can use the letter as it is. Was he given an appointment letter? If so he can use the two letters. Is he worried about the manner in which and the date on which his service with the first employer got terminated? That is an unnecessary worry. If he has  letter of his first appointment and evidence of  9 years of his present service that should suffice. If necessary he can produce the telephone connection letter also without any kind of alteration. If any bad things happened 9 years ago all have got time barred.

I am a retired person with more than 37 years of service. Before my first appointment I was an apprentice in a factory. I heard through grapevine that there was a vacancy in a nearby factory and that they had contacted the local employment exchange. I hurried to the employment exchange and registered my name. The employment officer gave me reference letter to the Works Manager of the factory. I went to the factory; the Works Manager interviewed me and gave me the letter of appointment the next day. I did not consult my old parents, any other elder family member, then employees of the factory, trade union leaders, labour consultants or any other Tom, Dick or Harry. If I had done so I would have been sitting at home unemployed till I reached the age of retirement. My qualifications are given under my profile.

Mr. Dhruva has written about immigration. Which immigration? Has Government of India got an immigration department for the purpose?  Or is it any immigration department of Australia? Generally you will be required to get visa issued by the Australian Consulate. They may have some immigration control. To whom exactly Mr. Dhruva has to show 10 years of experience. Has he got an offer of employment from Australia?

Dear Mr. Dhruva, do not worry about the 9 year old things which you have given in bold letters. Be positive, sensible and aggressive. But be honest. You will reach Australia. Good Luck.

I do not find any post amusing in this thread and any other  thread initiated by any employee.

My stance has been and remains Pro Employee.

This is subsequent to the your PM's as well

As already suggested if you can resolve the matter by your own skills, nothing like it.

If you are unable then seek help.

In your trade and offer made to you it is a usual practise to run BGV.

BGV might be inserted in offer letter.

Adverse comments in BGV can  result in termination/separation by demand of resignation.

It is reiterated that "

The Inspector appointed under the Act can help you to get the service certiifcate.

If entry was stopped in office it amounts to termination and hence you can claim termination with notice pay and wages for all days you were not allowed to perfrom duty.

You might have sent the resignation/reminders  by normal post and hence you can produce the photo copies.

The threatening email by manager can help you.

If you are unable to resolve on your you may engage an able counsel specializing in Labor matters.

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