Madhu.T.K
Industrial Relations And Labour Laws
Mahr
Head - Human Resources
Tushar.swar
Manager - Human Resource
Adoni Suguresh
Sr.executive (per & Adm)

Hello
I was working in software company for 3.5 years in Noida. My company has terminated me without casting any charges and gave 2 month salary in lieu of notice period. My case is there in Deputy labour commissioner office .
Company has not given me Experience and Relieving Letter. I have Termination letter.
Please send me the demand format so that I can demand the Experience and Relieving Letter from the company?
If I demand Experience and Relieving Letter, Will it be considered like that I have accepted the termination?
Please reply
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Dear,
As you said that, you are been terminated & your dispute is still going in labour dept.
it means, legally, this case is still open, eighther it is not proove that, termination is lawfull nor unjusticy. in that, case, company can't be provide you the experience & relieving letter & if they do so, then their case may get weak, so, defently they doesent want get any lose..
I dont think that, they can provide you the said letters.
Thanks for the reply
But As per my knowledge in case of termination company has to provide experience letter as per the law. Relieving letter they can stop because case is in disputed condition.
Please Confirm
Thanks
Anshul Jain
Hi,
Sorry for your situation. It's been how long since you are out of the company? Also if you are demanding R & E letter, the max what can happen is that, they can issue an experience letter stating that you have been terminated. If you can wait till the case's verdict, which you had filed then it may be appropriate to approach them for the same. Again it dynamically makes them to understand that you have accepted, that you are no more with the organization.
I certainly understand that you may need to get into another job, however it would be better, if you could approach the Labour Commission office for better idea. The R & E letter is because you got another job, then it would be better that you let them know what had happened to avoid any discrepancies, in future OR you shall go for a compromise, only if they shall provide you a proper relieving & experience letter.
Your situation is not easy, still, wish you GOOD LUCK!
Legally speaking once a termination letter is issued, there is no need to give another letter stating that you have been relieved. Termination letter itself is the relieving letter and with regard to service letter, of course, the company can issue but with a strong wording that you have been terminated. That wording will not cause any stigma though showing reasons for termination in the service letter may be stigmatic which is against the ethics. Still, if you had been working as a manager or with supervisory role, you cannot expect any thing from the department also.

If the termination is not following the procedures laid down in the Industrial Disputes Act (in case you had been working as non supervisory employee) then there is a chance that you will be reinstated in service. At the same time, as advised by Mr. Mahesh Nair, if you approach the company and plead for a compromise, you can get relieved and collect a service certificate.

Fighting against these unfair practices is good and I do support such actions, but by doing so, you will lose your career. This is very particular in the case of IT companies who seldom care the feelings of employees but consider these kinds of termination and giving negative checks as their HR's "FUN AT WORK" !

Regards,

Madhu.T.K
Dear
You have not mentioned the details of termination. There must be some reasons which is summarised your termination. The reasons for termination must have written in the letter. The company has already paid you two months salary in lieu of your termination of employment which is as per the law. You have not mentioned that the reasons for approaching labour court for your redress. That may be the reasons company is kept pending your relieving order and experience. Once the termination letter is issued it deemed as relieved and no relieving order is necessary. Experience e certificate shall be subject to your performance and behavior with your colleagues.
Wait till Labour court decide your case.
Adoni Suguresh
Rtd.Sr.Executive (Pers and Adm).
Thanks for your reply
I got my Relieving cum Experience letter.
My case is running in DLC office for Conciliation .Company is ready for compromise and asking for my demand.Can I give my demand(Compensation etc..) to company representative in written Or Shall I tell them verbally?
what are points I need to take care during compromise in Conciliation Process?
Please Reply
Thanks
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