Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
9871103011
Private Consultant On Labour Laws
Hr@bmcgroup.in
Hr Executive
+1 Other

Thread Started by #Anonymous

I am absconding from organisation so company (HR) send me first notice letter but i have not respond to letter. After this HR sends me 2nd letter and when no responded.
And i came back after 3 years asked Service Certificate with my previous Employer . They clearly refused to give the Service certificate .I am planning to go for legal action.What all chances they have and i have
10th April 2013 From India, Bangalore
If you yourself submit before the court that you had "absconded" then there will be no way to win your case. There may be a verdict in your favour and the company will give you a service certificate but the court will not direct the company to give you a certificate that you were serving the company to the merit and your conduct was 'good' but the company would have every right to give you a real certificate which would state that "......was with us as (designation) from....to and his services were terminated after he absconded himself from service and did not avail the opportunities given by the company to join service". Will it be okay for you?
Regards,
Madhu.T.K
10th April 2013 From India, Kannur
#Anonymous
Thanks for reply
I am not declaring myself as absconding .My scenario is I went on leave and then sent my resignation through Register post. Now i came back after 3 years asking for service certificate.Now company clearing refusing to give me the certificate under this circumstance "As you were not relived from the service of the company in the normal course,the Company deemed that you have voluntarily abandoned its service as it was also reliably understood that you had already taken gainful employment elsewhere "
Please advice me how can i get just my experiences certificate also i am fine.
Please Suggest
11th April 2013 From India, Bangalore
If you have proof that you had sent your resignation then onnly you can say that you had resigned. Still it will be open to the employer just to declare that you had resigned but not completed relieving formalities.
Madhu.T.K
11th April 2013 From India, Kannur
#Anonymous
Yes i have the proof of resignation letter. Is there any chance of getting only experience letter by law
12th April 2013 From India, Bangalore
Dear Anonymous,
I feel that the persons who are seeking queries, hiding their names, put all hypothetical stories.
The service certificates are normally given to the employees for rendering meritorious or good service with the employer.I can see that all along you have been at fault and now you are in a mood to go to court to claim your service certificate. You didn't bother to reply either of their notices and now you are finding fault with the company.You will agree with me that everything you did was against the employment norms. An employer expect a disciplined, sincere and dedicated work accountability from his employees.I feel that the company should not have objected in giving you the service certificate mentioning that you voluntarily abandoned the service.
As far your going to court for remedy, you are at weak stand and may get court's rebuke for your irresponsible and negligence behavior.
BS Kalsi
Member Since Aug 2011
12th April 2013 From India, Mumbai
After having received 2 notices, and ignoring them, you really expect the company to give you a certificate ?
the court is going to consider you an absconded.
What proof do you have of sending a resignation ?
Just a AD of a letter to hr ? How will u show that the letter sent was the resignation ?
I seriously doubly your possibility of getting a court order fir this
13th April 2013 From India, Mumbai
#Anonymous
Thanks for the valuable reply
I agree my on my fault.i just need experience certificate.if they dnt give relive leter I am fine with that.and now I am ready for settlement also.It was early stage in my carrier I didnt relalized the importance.and my present employeer also not asked,for that.plesse suggest me
13th April 2013 From India, Bangalore
Hi,

Would appreciate real honest replies to this :

1) how long was your employment tenure with the company.

2) Was there any act of misconduct or any misbehavior done by you.

3) How were your relations with your reporting manager.

4) Reason for you absconding.

If you cant answer here, ask yourself and get the answers to it, the reason why its necessary to know the answers to this. Is coz, by absconding you had chosen the wrong path, now to get your experience letter, you ought to make up for this, first of all going absconding and then asking for your experience letter after 3 long years itself raises a question on your professionalism.

However better late than you never, you need to realize and accept all your mistakes. Going to the court will only worsen the situation, there are things which could be done in a better way. Visit the office with all your documents i.e. your appointment letter, payslips, confirmation letter, increment letter if any. Speak to the HR,Speak to your reporting heads or managers (if they are still working there) apologize for what you had done. If required submit a written apology letter,and application for your experience letter.

For sure this will not be sorted so soon and easily, you will have to build a good relation with those in the office, making them understand that you are aware of what wrong you would have done, and have taken measures to improvise on the same. You will have to do continuous follow ups but without getting frustrated, in a nice cheerful manner.

But in all this, 1st thing you need to keep your temperament cool, and do not behave aggressively. Again to remind you many issues can be resolved by discussing it over with a cool head and warm words. Make sure you do not speak in any irrational manner.And kindly behave as a real professional now.

Each time that you meet the HR, after you leave the office, drop a mail about the discussion you'l head. Then atleast you'l have some written evidences.
13th April 2013 From India, Pune
Thanks for the reply.
I am,working there for around 2.6 years.
I have behaviour was good during that course and relation was good with my manager
And I have tried all the possibilties to convince them .But no luck
When they sent me notice they recived my resignation through AD.
I need very badly this experience letter.please suggest
13th April 2013 From India, Bangalore
Hi Nitheesh,

Id like to appreciate the fact, that you've no longer tried hiding your identity.

Did you try convincing them after they sent you the notice, or rather did you follow up with them after you send the resignation.Do you have any written proofs of you approaching them, do you have any mails from your end or the HR's end, confirming that they received your resignation.

If not. Then forget the verbal efforts you made in the past and start from the scratch. Your relations as you said were good with your manager, then this should work for you. Drop a mail to the HR keeping the manager in CC, mentioning about your employment tenure since your DOJ, your reporting details, and the last working date. Apologize for your misconduct. And humbly request for your experience letter.

Meet your manager and HR, if after making all the good efforts and continuous follow ups through mails, the HR still does not entertain you, forward the same mails to your Senior Management (maybe the CEO), where in again you accept your mistake apologize for the same and request for your letter.

But before approaching the Senior Management have couple of follow ups done with the middle level management and the HR. Follow the hierarchy.

Again it is a request to you to be a little more professional in your approach, let them know that you need the experience letter but do not beg for it. Apologizing is one thing, and letting your dignity down is another.
13th April 2013 From India, Pune
Once again thanks for the reply.
When they sent me notice before three years in that notice mentioned we have recived your,resignation letter.but not accepted.
I dropped mails to my manager,Hr manager,Ceo.They have not replied my mails after so many follow mails and calls
And finnaly,I sent registered post requesting for my letter.they replied saying you alleeady working some where we can not give service certificate.please suggest
13th April 2013 From India, Bangalore
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