Relieving letter and experienceletter

You have posted that: "n the offer letter it has been stated that "the employee will not be given a relieving letter or experience letter if he quits or company stops him" We are not aware of any law of the land that would permit it...... Hope you are in the custody of some HR policy/service rules and regulations mentioned in offer/appointment letter and such policy etc may contain some ......rules like this passed by board of the company.. Such establishment in Tamilnady are covered by Tamilnadu Shops and Commercial Establishment Act. that was enacted to govern the service conditions of employees working in such establishment...... You may go thru Tamilnadu Shops and Commercial Establishment Act and Tamilnadu Shops and Commercial Establishment Rules that should be available on website of Dept.of Labor website of Tamilnadu or you can buy these from market or obtain from employees/IT employees/trade unions/Labor Law Consultant.... Service matters Lawyer s in Tamilnadu... Standing orders (certified/model) are applicable to such establishment.... Service certificate should be issued to all employees... Relieving letter signifies that nothing is due against employees and employees has properly been relieved... Hope you have some proper and recorded evidence that employment was declined to you due to non issuance of service certificate, relieving letter... Approach employees/IT employees/trade unions...... an able labor law consultant/service matters Lawyer and proceed further under their expert advice..... Employees err by not forming unions. United employees can defend their rights much better...

Thank you sir.

Here I will send you the 5th point in my offer letter.

At 6th point company has stated that standing orders shall be applicable. If standing orders are not certified Model standing Orders shall apply.

Model Standing Orders;Sec16;Service Certificate shall have to be issued to all employees.

You have posted this query at CiteHR also and it has been replied.

 

You can also obtain FormN(Service Book); under Tamilnadu Shops and Commercial Establishment Rules 1948................from company or from Inspector appointed under this Act...

 

Further you can approach employee's/IT employee's/Trade unions, Labor Law Consultant-Service Matters lawyer, Labor Inspector etc...........

The company's offer letter is clear about issuance of experience/relieving letter if the employment is terminated by either end within one year from the date of appointment which has been accepted and signed by you.   The issue being raised by you now should ave been objected to while accepting the offer at that time itself.

Pls follow the advise of Mr. Kalaiselvan and manage to get the acknowledgment of written communications on your copy with seal and date even if from reception where all dak/mail/courier of the company are received...................

 

All said and done NO Private policy/agreement of the company/employer can score over/supersede  a statue/instrument of law/Act/law of the land.

In fact the private policies of the employer may not be even worth the paper on which it is written.................

 

There are many threads in which employees from your state Tamilnadu have affirmed that they united and approached Employee's unions/Tarde unions /lawyer and  HR and employer relented  and provided everything...