brave-girl-indian
Dear CITEHRians, I just wanted to know something about the termination policy in a company. I have worked in a company called VSoft Technology in Hyderabad for about a year. Recently in July I had a semi-heated argument Wih my TLs and out of anger, I stopped going to the office for a day or two.
Then on the third day, they called me to come but still, I didn’t go. (Here I think I went wrong). Then they stopped contacting me neither did I bother.
Then today on August 1st I got a mail saying I was terminated due to misconduct or something. (U can check attached letter).
Now I want to know can I ask them for a relieving or Experience Certificate of one year and if yes, How ???
Thanks in Advance

From India, Hyderabad
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Dinesh Divekar
7855

Dear member,

Please note the following:

a) From your post, it appears that you have abandoned your employment. Notwithstanding abandonment of your employment, you are eligible to get the salary till your last working day.

b) You have been terminated without conducting domestic enquiry. Therefore, your termination illegal. However, rather than brining out this fact immediately, I recommend you asking them the Service-cum-Employment Certificate. If they give this certificate, close the matter. In this certificate if they add the clause of "No Dues" from you the better. Therefore, the certificate will double up as "Employment-cum-No-Due" Certificate.

c) In case if they fail to you your salary or and also fail to issue the employment certificate then you may file a complaint in the labour office. While filing a complaint in the labour office, carry with you photocopy of identify card, appointment letter etc.

d) Labour officer is different from labour lawyer. Former is government appointed authority and latter works in the personal capacity and charges fees also.

Caveat: - Legal issues involved in the case apart, let me place on record that it is not advisable to take on the seniors. These are the times of COVID-19 pandemic and getting job is difficult. Whatever the job you do, be of CEO or lower level clerk, you need to satisfy your superiors. Even CEOs also have to comprise a lot. Therefore, control your temper. A fit of annoyance may last momentarily but may damage your career that may last for a far longer time.

For further clarification, feel free to contact me.

Thanks,

Dinesh Divekar

From India, Bangalore
ommygautam
78

Dear Concern,
Looking at your statement, it seems that you also regret your actions and you are also accepting your mistake and as you are asking questions for Reliving letter, it means that you do not want to go on your job. This is the indication of a good employee as one who acknowledges his mistake is greater.
So now you accept the Termination letter given by the company and also thank to company for what he gave you and also writing the mistake made by you as you believe, which will show a good image of you. Please ask to company to paid Whatever your statutory accounts are, and also you can ask your company for your relieving letter.
there is no any big issue for asking reliving letter by an employee .

From India, Rudarpur
KK!HR
1530

From the termination letter it appears you were terminated from service for unsatisfactory performance and unprofessional conduct. Now you want a experience certificate and relieving order from them. But it is not likely that even if they give them, it would not something which you can be proud of. The grounds of termination would get reflected in some way or the other and you would
be happy about it.
So instead of a confrontational attitude, you may be better advised to adopt a re-conciliatory tone and seek an honourable exit so that both end up in a win-win situation.

From India, Mumbai
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