Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

Thread Started by #Manojb19

Hi,

My employer terminated my employment on 30th Nov 2014 but has still not given me relieving documents and experience certificate. What are the rules regarding this? Are they legally obligated to provide experience certificate after termination? Also, if they do not provide me the relieving documents, will it be possible for me to find a new job?

Please help.

Background: They asked me to overstay a visa in South Africa, telling me that they will clear it. But they couldn't clear it and then terminated my employment after I got banned for an year or more from travelling to South Africa because of their own request. Then they withheld my passport from me for over 5 months and asked for Rs. 85000 for returning it. I told them that I'll lodge an FIR and they returned it. Now they are asking money for the experience certificate and relieving documents. The post that I had created here for the passport issue with more background information is here - . It's a Mumbai based company.

Thank you.
26th April 2015 From India, Delhi
I have read both your posts.

From what you have written,it seems that the company has taken you for a ride and is now trying to squeeze out some money also.

They have cleverly taken an application saying that you resigned on personal grounds.

Notwithstanding this application, I would suggest send them a polite letter highlighting all the facts and that you have been a faithful employee and obeyed all company rules,highlight your achievements towards company goals.

Point out that you have got banned by South Africa for certain period as a result of your obeying company instructions.Getting your name on a country ban list is not good for your profile.

IF you can meet the HR boss or MD have a frank heart to heart talk so that you can get relieving certifacte and good experience certificate.

Giving relieving certificate is a good HR practise.

It is not legally mandatory to issue relieving letter or experience certificate to my knowledge.(Learned HR experts can comment on this.)

Even if you do not get these two documents,you must be having records of salary drawn,resignation application.

These documents can showcase your work experience

.
26th April 2015 From India, Pune
Since the employer is Mumbai based, he is governed by Bombay Shops and EstabLishment Act and thus Standing orders are applicable to them. If the queriest is covered within the definition of workman then I under para 16 of the model standing orders, the employer is duty bound to issue service certificate to him.
Thanks
Sushil
27th April 2015 From India, New Delhi
Dear Manoj,
I agree with Nathrao, in addition to this as you have submitted resignation, they should give you at least resignation acceptance copy. Company might not give you Relieving or Experience certificate on Company Policy ground. With Resignation acceptance letter you have all supported documents stating your tenure with company.
You can communicate with HR department in written(preferred mode is registered A.D.) stating all your concerns and queries. You may contact your immediate reporting authority as well.
27th April 2015 From India, Ahmadabad
hi, I dont feel so that crook heart people can change thier heart, your employer is not a good hearted organization.
which is the org? how large it is ? how long you stayed there.
getting a service letter is your right, if they are asking money for it, get it this in email and go to POLICE.
27th April 2015 From India
In continuation of what I suggested above, if the employee is not a workman then seek information under RTI Act from the PIO of the Labour deptt concerning the Bombay Shops and Establishment Act to get you the information regarding your date of joining, date of leaving, reason of leaving, and designation in the company. These information the employer employer is required to furnish to PIO through registers statutorily required to be maintained by him otherwise penal action can be taken against him. This method is also applicable to a workman also, being an employee of the company.
Thanks
Sushil
27th April 2015 From India, New Delhi
Nathrao, Sushil, Mrugen and Abytechm - Thank you for the replies and guidance. I really appreciate it.
I tried to get in touch with the CEO of the company to candidly explain everything but found that my email has been blocked (it bounced), so no luck there.
I tried to talk to the HR again and now they've changed their story. Earlier they had said that my last day was Nov 30 2014 but now they're saying my last day was Dec 31 2014 and asking me to pay the rent of the apartment (apt provided by the company in South Africa and they used to deduct the rent from my salary) for December. They have not paid me any salary for December but want me to pay the rent for South Africa while I was in India.
Can they ask me to pay the rent for a month when they did not give me any salary? I appreciate your guidance.
5th May 2015 From India, Delhi
Nathrao, Mrugen - I do have the joining letter, deputation letter, timesheets and all the paystubs until Nov 2014. I do not have the resignation acceptance letter but in the last email the HR said that my last date of employment was 31 Dec 2014. Can that email be used in lieu of resignation acceptance letter? She also listed in the same mail that the F&F settlement is pending and will remain open until I pay the money.
5th May 2015 From India, Delhi
Sushil - Thank you the suggestion for retrieving the information, I had no idea that this was possible. Please could you also elaborate a bit on the process of the RTI and whether it is to be emailed or via regular mail and what the letter should say? Does RTI require some legal stamps and such as well?
5th May 2015 From India, Delhi
For seeking information from PIO, apply on a plain paper in the format downloadable from DOPT website. You can enclose Rs.10/- postal order as its fees. Send it through registered/speed post.
Thanks
Sushil
5th May 2015 From India, New Delhi
Dear Manoj,
To Join another company, sufficient documents you have in addition to this you may get print of the mail from your HR person stating your date of relieving. It is proof of your working date in company.
Addressing your another concern about paying rent for the month of December 2014 while you were in India, you may present your Visa, Air ticket copies (if available) to your employer or HR. You may also have intimated your manager or HR about your travel plan for India that i am leaving apartment as coming back India because of so and so reason (send copies to them). On basis of this you may argue and ask to release your salary and other dues(F&F process).
8th May 2015 From India, Ahmadabad
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