Stuck Without Relieving Documents and Experience Certificate: What Are My Legal Rights?

My employer terminated my employment on 30th Nov 2014, but has still not given me relieving documents and an experience certificate. What are the rules regarding this? Are they legally obligated to provide an experience certificate after termination? Also, if they do not provide me with 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 would clear it. However, they couldn't clear it and then terminated my employment after I was banned for a year or more from traveling to South Africa because of their own request. They then withheld my passport from me for over 5 months and asked for Rs. 85,000 for its return. I informed them that I would lodge an FIR, and they returned it. Now they are asking for 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.

Regards

I have read both of 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 as well. They have cleverly taken an application stating that you resigned on personal grounds. Notwithstanding this application, I would suggest sending them a polite letter highlighting all the facts. Emphasize that you have been a faithful employee who obeyed all company rules and showcase your achievements towards company goals.

Point out that you have been banned by South Africa for a certain period as a result of obeying company instructions. Having your name on a country's ban list is not good for your profile. If possible, meet with the HR boss or MD for a frank heart-to-heart talk so that you can obtain a relieving certificate and a good experience certificate. Giving a relieving certificate is a good HR practice.

To my knowledge, it is not legally mandatory to issue a relieving letter or experience certificate. (HR experts can comment on this.) Even if you do not receive these two documents, you must have records of the salary drawn and the resignation application. These documents can showcase your work experience.

Since the employer is Mumbai-based, they are governed by the Bombay Shops and Establishment Act, and thus, Standing Orders are applicable to them. If the queriest is covered within the definition of a workman, then, under para 16 of the model Standing Orders, the employer is duty-bound to issue a service certificate to him.

Thanks, Sushil

I agree with Nathrao. In addition to this, as you have submitted your resignation, they should provide you with at least a resignation acceptance copy. The company might not issue you a Relieving or Experience certificate based on company policy grounds. With the resignation acceptance letter, you will have all the supporting documents stating your tenure with the company.

You can communicate with the HR department in writing (the preferred mode is registered A.D.) outlining all your concerns and queries. You may also contact your immediate reporting authority.

Thank you.

Hi, I don't feel that crooked-hearted people can change their hearts. Your employer is not a good-hearted organization. Which is the organization? How large is it? How long have you stayed there? Getting a service letter is your right. If they are asking for money for it, get this request in an email and go to the POLICE.

Seeking Information Under the RTI Act

In continuation of what I suggested above, if the employee is not a workman, then seek information under the RTI Act from the PIO of the Labour Department concerning the Bombay Shops and Establishment Act to get the information regarding your date of joining, date of leaving, reason for leaving, and designation in the company. This information the employer is required to furnish to the 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, being an employee of the company.

Thanks,

Sushil

Thank you, Nathrao, Sushil, Mrugen, and Abytechm, 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 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 (apartment 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.

Nathrao, Mrugen - I do have the joining letter, deputation letter, timesheets, and all the paystubs until November 2014. I do not have the resignation acceptance letter, but in the last email, the HR said that my last date of employment was December 31, 2014. Can that email be used in lieu of the 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.

Sushil - Thank you for the suggestion on retrieving the information. I had no idea that this was possible. Could you please elaborate a bit on the process of the RTI? Should the request be sent via email or regular mail, and what should the letter contain? Does an RTI application require any legal stamps or other formalities?

To join another company, ensure you have sufficient documents. Additionally, you may obtain a printout of the email from your HR person stating your date of relieving. This serves as proof of your working dates at the company.

Regarding your concern about paying rent for the month of December 2014 while you were in India, you can present your visa and air ticket copies (if available) to your employer or HR. You should have also informed your manager or HR about your travel plans to India, specifying that you are leaving the apartment upon returning to India due to certain reasons (send copies to them). Based on this information, you can discuss and request the release of your salary and other pending dues (F&F process).

Thank you.