It's been almost 1 year now since my date of resignation, and I haven't received my relieving letter and experience letter. My notice period in the previous company was 2 months, but I left the company on very short notice, around 5-7 days. Whenever I try to talk to them, they ignore me or say they are looking into it. The clause states that I have to serve a 2-month notice period or pay compensation for the same (as I remember; will confirm this). So, as per their clause, I tried to convince them to accept the compensation and release me, but they insist that they don't need the compensation, indicating they are unwilling to provide the relieving and experience letter. I even discussed this with the MD of the company, who advised me to try convincing the Project Manager. What am I supposed to do? Is there any way out? Please help me with this.
Note:
1. The company's HR is of no use to talk to because I know the company well. The company is good work-wise, but the management is very poor. They preach about professionalism, but they forget their own advice when it's their turn.
2. I have spoken to all the relevant individuals there.
3. I will make one final attempt, but before that, I would appreciate suggestions from the forum to decide on my next steps.
Thanks,
Ardhendu
From India
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Note:
1. The company's HR is of no use to talk to because I know the company well. The company is good work-wise, but the management is very poor. They preach about professionalism, but they forget their own advice when it's their turn.
2. I have spoken to all the relevant individuals there.
3. I will make one final attempt, but before that, I would appreciate suggestions from the forum to decide on my next steps.
Thanks,
Ardhendu
From India
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The company is bound to give you the experience and relieving letter if you are ready to pay the notice period as per the contract you signed.
QUOTE
Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IB: Model Standing Orders on Additional Items Applicable to all Industries
1. Service record
Matters relating to service card, token tickets, certification of service, change of residential address of workers, and record of age.
(ii) Certification of service: (a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement, or resignation from service;
UNQUOTE
Write a letter to the MD and also the "Company Secretary" and inform them of your wish to pay the notice period if required for the experience and relieving letter, or else you will be forced to go for legal action.
Regards,
Ukmitra
From Saudi Arabia, Riyadh
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297QUOTE
Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IB: Model Standing Orders on Additional Items Applicable to all Industries
1. Service record
Matters relating to service card, token tickets, certification of service, change of residential address of workers, and record of age.
(ii) Certification of service: (a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement, or resignation from service;
UNQUOTE
Write a letter to the MD and also the "Company Secretary" and inform them of your wish to pay the notice period if required for the experience and relieving letter, or else you will be forced to go for legal action.
Regards,
Ukmitra
From Saudi Arabia, Riyadh
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Legal Action Considerations for Relieving and Experience Letters
Why are they expressing reluctance when you are ready to pay the compensation? I understand from your comments that you are not flouting the clause, and you can sue them.
You are not at all on the wrong path. Go to the lawsuit and let your employer receive the legal notice. But before pursuing legal action, follow the hierarchy in your organization and then proceed with the lawsuit. Keep your fingers crossed on this.
Regards,
[Username]
From United States, Cambridge
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Why are they expressing reluctance when you are ready to pay the compensation? I understand from your comments that you are not flouting the clause, and you can sue them.
You are not at all on the wrong path. Go to the lawsuit and let your employer receive the legal notice. But before pursuing legal action, follow the hierarchy in your organization and then proceed with the lawsuit. Keep your fingers crossed on this.
Regards,
[Username]
From United States, Cambridge
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Compensation in Lieu of Notice Period
Compensation in lieu of the notice period is for the company to accept. Since they have not done that, and you have not served your notice period, I also assume you did not do a handover. As such, the company is not bound to give you a relieving letter or an experience letter for that matter. Where is the question of a relieving letter to someone who left without notice? The standing orders do not apply in this case as you have not followed the terms of employment as stated in your appointment letter.
You may go to the labor court (under which act? Under what grounds?). But I doubt if you will get relief as you are the person in default. In any case, I am sure if your new employers were to do a reference check with the company, they would get a bad reply, and you will probably lose your job.
From India, Mumbai
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Compensation in lieu of the notice period is for the company to accept. Since they have not done that, and you have not served your notice period, I also assume you did not do a handover. As such, the company is not bound to give you a relieving letter or an experience letter for that matter. Where is the question of a relieving letter to someone who left without notice? The standing orders do not apply in this case as you have not followed the terms of employment as stated in your appointment letter.
You may go to the labor court (under which act? Under what grounds?). But I doubt if you will get relief as you are the person in default. In any case, I am sure if your new employers were to do a reference check with the company, they would get a bad reply, and you will probably lose your job.
From India, Mumbai
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I am confused because of this only. You all are right at your point, and I have also thought of all this. So I am trying to find whether I do have any point in my favor or not. Let's see whether the suggestions provided by you all work in my case or not. Thanks to all for your suggestions. I needed someone to suggest to me some way...
From India
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From India
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Decision-Making in Career Challenges
What's so confusing? If you want that certificate, without which you feel that you will have "no career in this world," go, man, get it, whatever may come. Do whatever it requires, "Saam, Daam, Dand & Bhed," remember Chanakya Neeti. I believe everybody on this earth has the "Chanakya Neeti" in their being. It's just a matter of time when you will use it.
Or else, just "Chak Dey such a certificate," which has spoiled your day and night thinking about how to get it. I myself don't have experience certificates from my 1st and 2nd ventures in life. If you have the skills and the aptitude in your work, no one can deny you work that is in your "Karma." You always have the reason to say, "The company did not issue you the certificate, in spite of your best efforts."
All the best, and let's "take on life further."
Regards,
Ukmitra
From Saudi Arabia, Riyadh
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What's so confusing? If you want that certificate, without which you feel that you will have "no career in this world," go, man, get it, whatever may come. Do whatever it requires, "Saam, Daam, Dand & Bhed," remember Chanakya Neeti. I believe everybody on this earth has the "Chanakya Neeti" in their being. It's just a matter of time when you will use it.
Or else, just "Chak Dey such a certificate," which has spoiled your day and night thinking about how to get it. I myself don't have experience certificates from my 1st and 2nd ventures in life. If you have the skills and the aptitude in your work, no one can deny you work that is in your "Karma." You always have the reason to say, "The company did not issue you the certificate, in spite of your best efforts."
All the best, and let's "take on life further."
Regards,
Ukmitra
From Saudi Arabia, Riyadh
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Addressing the Issue of Relieving and Experience Letters
Why are you raising this issue after one year of your separation? From your explanation, it is clear that you have not served the notice period and therefore might not have completed the proper handover. In such a case, you might have been declared as "absconded," and hence no relieving or experience letter is available for you. You can request the same but cannot demand it. The HR of the company may seem useless to you because they are following the company policy and are not doing you the favor that you are expecting.
Written Communication and Legal Considerations
Do you have any written communication at the time of resignation that states your willingness to pay in lieu of the notice period? In case you decide to file a case against the company, it will not go in your favor.
From India, Bhopal
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Why are you raising this issue after one year of your separation? From your explanation, it is clear that you have not served the notice period and therefore might not have completed the proper handover. In such a case, you might have been declared as "absconded," and hence no relieving or experience letter is available for you. You can request the same but cannot demand it. The HR of the company may seem useless to you because they are following the company policy and are not doing you the favor that you are expecting.
Written Communication and Legal Considerations
Do you have any written communication at the time of resignation that states your willingness to pay in lieu of the notice period? In case you decide to file a case against the company, it will not go in your favor.
From India, Bhopal
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Relieving & Experience Letter.doc