Riteshmaity
Labour Law Advocate
+2 Others

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I had resigned as per the rules and served two months notice period as well. And just because of the some pending work. They are denying to provide my experience and releving letter. It's been two months. And every time when I ask them they are not aggrreing to provide me those documents. I am worried a lot about my docuements. I am literally facing mental torture because of this. I got an opportunity in a company. Now they are mandatory. Please suggest me, how to get my documents?
Shall I go legally? or what

See technically experience letter is the right of employee. As the granting of experience letter is now common hence a employer is presumed to have tacitly accepted that such certificate will be granted in even of employee leaving the service. So yes you can proceed in a civil court or you can try convince a labour inspector on this issue. Though civil court is a optimum solution.
Mr.Praveen you have another option also that is go to the HOD dept and try to convenience them that you have required all the experience certificate and try polite with them.
ask them u ll available when they have required/ by phone also. don't go for legal that is take more time.

Service certificate (correct term for experience letter) is mentioned in Industrial Employment & Standing Orders Act. The applicability of the act depends on manpower engaged by org. Just see your state rules formed under the act & check applicability manpower. If the act is applicable to your earlier org, then it is bound to issue you service certificate. You may request for issuing service certificate quoting the rule. If they still don't, the you may have to approach govt labour officer of your area.
Obtaining an experience letter and relieving letter from the company (through) legal route will be difficult and time consuming.
First, give all your best effort to convince the management and get those two documents. Keep legal aspect as the final option.

Hi Praveenji,
If the has a Standing Order certified by the LC, there will be a stipulation to provide Service Certificate which should be sufficient for your purpose. Pl. approach HR Head & request him to issue SC if there are no other issue u have with the Co.for them to refuse it. HR Head should be sympathetic in some situation or else; who knows; he may also face problems from employees as not helping needy person inspite of provision in CSO.
HR Consultant 1.2.17

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