Struggling to Get My Experience Certificate: How Can I Resolve This with My Former Employer?

Respected sir, I am Dinesh. I was working in one company for the last 3 years and 3 months. The notice period is 3 months. I plan to leave the company and submitted my resignation letter on 17 Mar 2011. I started working during the notice period. Suddenly, ten days after my resignation, my HR called me and issued the relieving order, stating that I could leave immediately without waiting for three months. When I inquired about the experience certificate, they informed me that they wouldn't issue it immediately but would send it to my new company after I join them, not to me directly.

Now, I have received an offer from an MNC, and they require the experience certificate. However, my previous employer still insists on the same story of not providing it at the moment, and there has been no response regarding when it will be provided. This situation is making my life more difficult. Up until now, I have received my salary through the bank, and I have worked very hard. However, they are now causing me trouble and making me feel foolish. I don't know what to do next. Please help me. What is the solution to resolve this problem? Is there any organization that can assist me in obtaining my experience certificate?

Anyone, please help me!

In fact, I regret to say that there is no practical solution to the problem. It is an example of a HORRIBLE HR GAME. This is one of the instances which lead employees to think about a trade union. After all, what will HR get out of holding an employee's experience certificate! It is an example of when good employees become frustrated.

Anyway, talk to the HR person and convince them that they are playing with the career of an employee. If that talk fails, bring another person into the picture for conciliation.

Regards,
Madhu.T.K

I already spoke to the person, but he did not consider my words. He mentioned that they would send it directly to that company. If they require it, they should ask them to send an email to me. We will send the certificate to them, not to you. However, the new employer does not accept this method of obtaining the certificate. I am facing trouble. Can I take legal action against him? In Madurai, Tamil Nadu, which organization should I approach? I got married only last month, so there is more trouble in my life. I have received an offer from an MNC, but I cannot join there. Please help me.

Thank you.

Addressing HR Issues and Obtaining a Service Certificate

Please inform your HR representative that it is not the company that decides where you should work. If you choose not to join for the time being, will they refuse to provide a service certificate? I believe it is the right time for you to take legal action against that HR person for harassment. Yes, it is a case of mental harassment.

You can send a letter to the Director/Managing Director or any other person who owns the company to request the issuance of a service certificate stating, "I have left the establishment on [date], and up to now, I have not received my service certificate. When I inquired, the HR person (name him) informed me that he would not send it to me but would instead send it to the company where I join. I do not believe it is appropriate for him to inquire where I should work, and he should only provide the service certificate to me. I have received offers from two different companies, and if I do not receive the certificates within two or three days, I will lose them, leaving me completely unemployed for the foreseeable future. If this occurs, it will be [name of HR] who is responsible for hindering my career. Therefore, I urge you to step in and instruct the HR person to promptly issue my service certificate; otherwise, I will have no choice but to pursue legal action."

You can try sending the above letter and wait a couple of days for a response. If there is no reply, consider sending a legal notice. Let's see how they respond.

Regards,

Madhu.T.K

Respected Madhu sir, thank you so much for the quick reply, sir. Actually, it is a small company. HR is not a priority; he is ineffective in following management instructions. Everything is controlled by the Managing Director. It is his policy not to issue experience certificates in hand but to send them directly to the new company the employee joins. When I spoke to the Managing Director directly, he reiterated the same policy. However, I have now received a job offer.

Yesterday, I sent an email to both the M.D and CEO requesting that I receive the certificate within 5 days. If there is no response, I will consider taking legal action. I have a question: if I proceed with legal action through the labor court, how many months will it take to resolve the case? For expedited action, can any organization assist me, such as an NGO or the Labor Commissioner's office? Where should I begin - the labor court, labor office, or with a lawyer?

Thank you.

Don't go to court right now. You can have a conciliation first. For that, you can seek the assistance of a labor officer or someone you know.

Regards,
Madhu.T.K