Hello Friends,
I would like to know if there is any solution if any management refuses to provide me with an Experience letter. I am leaving for better prospects and I am ready to give the proper 1-month notice period to the company as per company rules. However, they are not willing to accept the notice period or provide a proper experience letter. What should I do?
I spent 2 1/2 years in the organization. How can I prove this to another place? Can I take any action against them?
Regards,
Swati
From India, Mumbai
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5I would like to know if there is any solution if any management refuses to provide me with an Experience letter. I am leaving for better prospects and I am ready to give the proper 1-month notice period to the company as per company rules. However, they are not willing to accept the notice period or provide a proper experience letter. What should I do?
I spent 2 1/2 years in the organization. How can I prove this to another place? Can I take any action against them?
Regards,
Swati
From India, Mumbai
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8 views only... No reply.
Please, seniors, guide me in this matter. This is happening in many organizations, but we are not able to do anything. Anybody from seniors... please help.
Regards, Swati
From India, Mumbai
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Please, seniors, guide me in this matter. This is happening in many organizations, but we are not able to do anything. Anybody from seniors... please help.
Regards, Swati
From India, Mumbai
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Dear,
In your post, you have not mentioned whether you have submitted your resignation letter. If done, then send them a letter, not mail, signed by you by Speed Post with POD.
In this letter, you must refer to and extract the notice period clause in your appointment letter and also mention the date of submission of your resignation, the notice period, and your intended Last Working Day (LWD). Upon receipt of this notice from you, they should definitely relieve you and issue an experience letter.
If no positive result comes out, then you need to consult a local legal counsel.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
E-mail: rajanassociates@eth.net
Mobile: 9025792684.
From India, Bangalore
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In your post, you have not mentioned whether you have submitted your resignation letter. If done, then send them a letter, not mail, signed by you by Speed Post with POD.
In this letter, you must refer to and extract the notice period clause in your appointment letter and also mention the date of submission of your resignation, the notice period, and your intended Last Working Day (LWD). Upon receipt of this notice from you, they should definitely relieve you and issue an experience letter.
If no positive result comes out, then you need to consult a local legal counsel.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
E-mail: rajanassociates@eth.net
Mobile: 9025792684.
From India, Bangalore
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Hi Swati,
First, you must confirm that your resignation letter has been accepted or not. If it has been accepted, then you must give the proper notice period as mentioned in the appointment letter and you should talk to your management. In spite of this, if they do not provide you with a relieving letter after giving the full notice period, then you ought to consult a local legal officer regarding the same.
From India, New Delhi
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First, you must confirm that your resignation letter has been accepted or not. If it has been accepted, then you must give the proper notice period as mentioned in the appointment letter and you should talk to your management. In spite of this, if they do not provide you with a relieving letter after giving the full notice period, then you ought to consult a local legal officer regarding the same.
From India, New Delhi
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I presented my resignation with the mentioned notice period in front of management, but they refused to sign as "accepted." However, I emailed it through my personal email ID to the Company mail ID and GM of the company (i.e., Senior HOD to me). Upon receiving my email, they made me leave the job on the same day and refused to provide an experience letter.
Regards,
Swati
From India, Mumbai
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Regards,
Swati
From India, Mumbai
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In the least case, you can also prove your association with your present employer by using your P.F. A/c Number and pay slips. This information is sufficient to prove to your new employer regarding your experience and employment.
Be cautious in dealing with your current employer because they may make false allegations against you. Try to resolve the issue within your scope. The only thing you can do is provide proper handovers from your end.
All the best.
From India, Vijayawada
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Be cautious in dealing with your current employer because they may make false allegations against you. Try to resolve the issue within your scope. The only thing you can do is provide proper handovers from your end.
All the best.
From India, Vijayawada
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Swati, it's rare that an employer will deliberately spoil someone's career without any reason or cause from your side. You will need to sit down with them to resolve the differences; there is no other way. Otherwise, if anyone calls and asks, they will definitely receive a negative response.
Seeking legal counsel is seldom a good solution. Remember, no law can compel an employer to provide a positive experience letter. In fact, I don't believe it's even a legal requirement for the employer to issue an experience letter; such provisions are absent in the law. If, by chance, you manage to obtain a letter, any reference check could turn into a disaster for you.
For proof of previous employment, you can provide your salary slip (if you have any).
From India, Mumbai
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Seeking legal counsel is seldom a good solution. Remember, no law can compel an employer to provide a positive experience letter. In fact, I don't believe it's even a legal requirement for the employer to issue an experience letter; such provisions are absent in the law. If, by chance, you manage to obtain a letter, any reference check could turn into a disaster for you.
For proof of previous employment, you can provide your salary slip (if you have any).
From India, Mumbai
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Hi Swati,
1. Read your appointment letter properly. Remember, they cannot terminate you or ask you to resign without giving any reason. In case you have resigned, then you need to be given proper time to serve your notice, which of course will be paid.
2. Next, as you said they asked you to resign, does your appointment letter say that you have to forfeit your salary in case of no notice period? Get it written from them. They cannot compel you to leave in one day if you are ready to serve your notice period.
3. Send a letter to the Labour Commissioner about your situation and send a copy of the same to your employer. Take legal action only as a last resort.
4. Remember, no company can take their employees for granted and refuse them their rights. The Labour Commissioner letter works well.
From India, Bangalore
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1. Read your appointment letter properly. Remember, they cannot terminate you or ask you to resign without giving any reason. In case you have resigned, then you need to be given proper time to serve your notice, which of course will be paid.
2. Next, as you said they asked you to resign, does your appointment letter say that you have to forfeit your salary in case of no notice period? Get it written from them. They cannot compel you to leave in one day if you are ready to serve your notice period.
3. Send a letter to the Labour Commissioner about your situation and send a copy of the same to your employer. Take legal action only as a last resort.
4. Remember, no company can take their employees for granted and refuse them their rights. The Labour Commissioner letter works well.
From India, Bangalore
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Dear,
First of all, I will express my views about the organization and people sitting there in HR. Such types of organizations do not work in the long run as they do not get good human resources to support them. Legally, it is a clause in certified standing orders to provide an experience letter by mentioning that so and so has worked from this date to that date. You should consult some legal advisor locally.
From India, Delhi
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First of all, I will express my views about the organization and people sitting there in HR. Such types of organizations do not work in the long run as they do not get good human resources to support them. Legally, it is a clause in certified standing orders to provide an experience letter by mentioning that so and so has worked from this date to that date. You should consult some legal advisor locally.
From India, Delhi
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Hello Mallik Sir,
These types of organizations do not only require HR. They need someone to enforce compliance with their unethical orders. They are willing to offer me a higher salary, but I made it clear to them that I would like to move on not just for the higher salary, but also to gain more knowledge in HR, which is not possible here.
Thank you very much to all the seniors for your valuable support and replies.
Regards,
Swati
From India, Mumbai
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These types of organizations do not only require HR. They need someone to enforce compliance with their unethical orders. They are willing to offer me a higher salary, but I made it clear to them that I would like to move on not just for the higher salary, but also to gain more knowledge in HR, which is not possible here.
Thank you very much to all the seniors for your valuable support and replies.
Regards,
Swati
From India, Mumbai
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First of all, it is not the right thing for an employer to deny an experience certificate. As per the standing orders or appointment letter, if an employee serves one month's notice, he has the right to one month's salary. If they want to settle before the due date, you can claim one month's salary.
Also, you are supposed to be issued with a positive certificate after 2 1/2 years of impeccable service unless there is an established case against you, if it is not a dismissal. You definitely have a legal ground to support your claim. But it is always better to have a solution on a pleasant note instead of antagonizing them. Otherwise, they can harm you during reference checking. Make an attempt to smooth things over. Litigation can be the last resort. Good luck
From India, Kochi
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Also, you are supposed to be issued with a positive certificate after 2 1/2 years of impeccable service unless there is an established case against you, if it is not a dismissal. You definitely have a legal ground to support your claim. But it is always better to have a solution on a pleasant note instead of antagonizing them. Otherwise, they can harm you during reference checking. Make an attempt to smooth things over. Litigation can be the last resort. Good luck
From India, Kochi
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Dear Swati,
For any employer, it is not ethical to provide an experience letter to their employees when they leave their job. Swati, you should request your seniors in your company to hand over all your dues along with the experience letter.
Also, make sure to share your problem with your new employer that your current employer has not provided you with an experience letter. Then, after discussing with your friend or senior, take the right steps before leaving your job.
Regards,
Golden Tomar
Email: golden_tomar@rediffmail.com
From India, Bhilwara
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For any employer, it is not ethical to provide an experience letter to their employees when they leave their job. Swati, you should request your seniors in your company to hand over all your dues along with the experience letter.
Also, make sure to share your problem with your new employer that your current employer has not provided you with an experience letter. Then, after discussing with your friend or senior, take the right steps before leaving your job.
Regards,
Golden Tomar
Email: golden_tomar@rediffmail.com
From India, Bhilwara
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I concur with saswatabanerjee. But why do you want an experience certificate if you already got the employment? It is difficult to get a right type of Experience Certificate from an unethical employer. If forced, you may get a tainted service certificate. If you have their appointment letter, salary slips, FORM 16, these are proof enough to prove that you worked there. You may also apply for the transfer of the accumulation of your provident fund (which your previous employer deducted from your salary and deposited with RPFC) for transfer to your New PF Account of your present Employer, through your present employer. This will show your employment with your previous employer.
Moreover, your ID Card and ESIC Card (if you have one from your previous employer) is proof enough that you worked there. Consolidate all these in a folder and use it as an experience certificate. These all are incontrovertible proof of your employment with your previous employer, which cannot be denied.
From India, Chandigarh
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Moreover, your ID Card and ESIC Card (if you have one from your previous employer) is proof enough that you worked there. Consolidate all these in a folder and use it as an experience certificate. These all are incontrovertible proof of your employment with your previous employer, which cannot be denied.
From India, Chandigarh
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Dear All, If some one is not issuing the experience letter, it doesn’t matter. You should have kept your first and last salary slips.
From India, Pune
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From India, Pune
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Dear,
Fight for the right. They must provide E.L. to you. The company where you worked may be they are not professional. If you have an appointment letter and the last salary slip, and you are talented, there is no need for an Experience Certificate.
Best of luck, SH
From India, Mumbai
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Fight for the right. They must provide E.L. to you. The company where you worked may be they are not professional. If you have an appointment letter and the last salary slip, and you are talented, there is no need for an Experience Certificate.
Best of luck, SH
From India, Mumbai
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Swati,
If you have received the appointment letter/offer letter and the last salary slip, then you don't need an experience letter (unless you cannot obtain it amicably). These two documents are sufficient to demonstrate your experience.
From India, Agra
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If you have received the appointment letter/offer letter and the last salary slip, then you don't need an experience letter (unless you cannot obtain it amicably). These two documents are sufficient to demonstrate your experience.
From India, Agra
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There are many such organizations in the industry today that refuse to issue experience letters or make timely payment of full and final settlement. One such company I can name is a Power Distribution company in Greater Noida, which is part of one of the reputed business houses of India. They don't bother to make timely payment of full and final settlement payments, leaving aside the issuance of experience certificates, etc.
Kindly inform the appropriate forum/law under which an ex-employee can claim his or her rightful dues.
From India, Delhi
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Kindly inform the appropriate forum/law under which an ex-employee can claim his or her rightful dues.
From India, Delhi
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Dear Friend,
Don't worry, for the real experience is how to handle the interviewer in the time of the interview. If your knowledge is well-versed in practice, then there is no need to be sad about the experience letter. Be cool.
From India, Madras
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Don't worry, for the real experience is how to handle the interviewer in the time of the interview. If your knowledge is well-versed in practice, then there is no need to be sad about the experience letter. Be cool.
From India, Madras
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U r rite swati... many org. doesn’t want HR person; they want_______________ for them Thanx, regards, Mitesh VAlera HR Executive Vadodara 98249 85401.
From India, New Delhi
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From India, New Delhi
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Mallik,
Can you show me the part of standing orders where you are required to give an experience certificate? Also, is this requirement only in Delhi or is it applicable to places like Mumbai as well? I was not aware of this rule.
Saswata
From India, Mumbai
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Can you show me the part of standing orders where you are required to give an experience certificate? Also, is this requirement only in Delhi or is it applicable to places like Mumbai as well? I was not aware of this rule.
Saswata
From India, Mumbai
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In the Schedule to the Industrial Employment Standing Orders Act, 1946, there is a list of things which an employer has to define. The list is as follows:
THE SCHEDULE
[See Sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days, and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work, and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by the employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
Your matter falls under Point No. 10.
From India, Chandigarh
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THE SCHEDULE
[See Sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days, and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work, and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by the employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
Your matter falls under Point No. 10.
From India, Chandigarh
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Further to my post #23, it is clarified that as per Rule No. 16 of the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946 [Notification No. L.R. 11 (37), dated the 18th December 1946], it is obligatory on the part of the employer to provide a Service Certificate to the permanent workman. Rule 16 is reproduced below:
Rule 16. Certificate on termination of service -- Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, or retirement from service.
You can download a copy of the Act at: labour.nic.in
You can download a copy of these Rules at: labour.nic.in
From India, Chandigarh
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Rule 16. Certificate on termination of service -- Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, or retirement from service.
You can download a copy of the Act at: labour.nic.in
You can download a copy of these Rules at: labour.nic.in
From India, Chandigarh
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Swati,
I agree with Mr. Surendra Hegde. An experience letter is always good but not necessary. Your appointment letter is a document of evidence of your start date with the organization and the resignation/full & final letter is the proof of your last date.
However, if they are not accepting the resignation, you can prove your tenure in a lot of ways:
1. Showing your last payslips
2. References of your colleagues/seniors in the organization (Telephonic after you get your offer rolled out from the new company)
3. Your ESI/EPF records
4. Add your confirmation letter and last revised salary/promotion letter for additional evidence
5. Insurance premium paid by your organization and tax liability filed
6. Lastly, ask a senior or a peer in the organization to write you a letter of recommendation with a date {If not on paper then on LinkedIn or any other professional networking profile}. That will help you get better prospects.
P.S. A lot of organizations will take you as who you are today and what you can bring to the table. A good company will take you irrespective of this formality as they can cover it up with other evidence.
Take Care.
Hargovind Kakkar
Faculty - Department of Human Resource
From India, Gurgaon
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I agree with Mr. Surendra Hegde. An experience letter is always good but not necessary. Your appointment letter is a document of evidence of your start date with the organization and the resignation/full & final letter is the proof of your last date.
However, if they are not accepting the resignation, you can prove your tenure in a lot of ways:
1. Showing your last payslips
2. References of your colleagues/seniors in the organization (Telephonic after you get your offer rolled out from the new company)
3. Your ESI/EPF records
4. Add your confirmation letter and last revised salary/promotion letter for additional evidence
5. Insurance premium paid by your organization and tax liability filed
6. Lastly, ask a senior or a peer in the organization to write you a letter of recommendation with a date {If not on paper then on LinkedIn or any other professional networking profile}. That will help you get better prospects.
P.S. A lot of organizations will take you as who you are today and what you can bring to the table. A good company will take you irrespective of this formality as they can cover it up with other evidence.
Take Care.
Hargovind Kakkar
Faculty - Department of Human Resource
From India, Gurgaon
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Hello Swati,
You should go with a lawful sequence to follow them. You have already done many of the needful steps, now you should collect your communication with the company in chronological order, such as your salary slips regardless of their previous nature, your resignation letter with full details of your terms of joining, and discuss the matter truthfully with your new company.
A local counsel will be of great help, as your legal rights cannot be denied. All the best.
Shivendra
From India, Gurgaon
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You should go with a lawful sequence to follow them. You have already done many of the needful steps, now you should collect your communication with the company in chronological order, such as your salary slips regardless of their previous nature, your resignation letter with full details of your terms of joining, and discuss the matter truthfully with your new company.
A local counsel will be of great help, as your legal rights cannot be denied. All the best.
Shivendra
From India, Gurgaon
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Dear All,
No doubt, the standing orders may provide for the issuance of an Experience Certificate. This may be good for blue-collared workers, but for white-collared employees, they are still clueless. The only option is to lodge a complaint with the authorities or send a legal notice. Furthermore, many freshers cannot afford this. This is where we can establish a Legal Aid Cell in CITE HR involving volunteers to handle such deserving cases.
With Regards,
Email: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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No doubt, the standing orders may provide for the issuance of an Experience Certificate. This may be good for blue-collared workers, but for white-collared employees, they are still clueless. The only option is to lodge a complaint with the authorities or send a legal notice. Furthermore, many freshers cannot afford this. This is where we can establish a Legal Aid Cell in CITE HR involving volunteers to handle such deserving cases.
With Regards,
Email: rajanassociates@eth.net
Mobile: 9025792684
From India, Bangalore
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Dear,
You must know the situation in the company when you submit a letter of resignation. If the situation is not favorable to us, then the letter must be sent through speed post with a proof of delivery copy. In this regard, you also have the appointment letter and salary slip from that company, which is definitely evidence that you are working there. Additionally, you also have a copy of the resignation letter with proof of delivery for acknowledgment from the company. This is sufficient to prove your employment in that company for a certain period.
Regards,
Kamat V. P.
From India, Mumbai
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You must know the situation in the company when you submit a letter of resignation. If the situation is not favorable to us, then the letter must be sent through speed post with a proof of delivery copy. In this regard, you also have the appointment letter and salary slip from that company, which is definitely evidence that you are working there. Additionally, you also have a copy of the resignation letter with proof of delivery for acknowledgment from the company. This is sufficient to prove your employment in that company for a certain period.
Regards,
Kamat V. P.
From India, Mumbai
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