Hello all, I have been working in a small IT company for the last 6 months. Before this, I worked in an IT company for 1.5 years. However, my previous employer has refused to provide me with an experience letter for my work. I do not have a joining letter from that company, and I also do not have any salary slips except for the bank statements showing the salary transfers into my account.
Legal Action for Obtaining Experience Letter
Is it possible for me to take any legal action against them? Please suggest some solutions to help me obtain my work experience.
Thank you all in advance.
From India, Delhi
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6Legal Action for Obtaining Experience Letter
Is it possible for me to take any legal action against them? Please suggest some solutions to help me obtain my work experience.
Thank you all in advance.
From India, Delhi
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Have you resigned and completed all the clearance and exit formalities? As per your statement, your last organization neither provided you with an appointment letter nor a payslip until now. So, why have you not tried to obtain your appointment letter and payslips from the beginning when you joined that organization? If the HR department denies providing these documents to you, you should consider leaving the organization. Now, you should meet with your previous HR and politely request your experience certificate and relieving letter. If they deny your request again, consider filing a complaint for mental harassment. However, you must have proof to show that you worked with that organization.
With Regards
From India, Ranchi
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With Regards
From India, Ranchi
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Thank you for your response. Actually, that was a small company that did not provide any joining letter to its employees. When I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer has not provided the experience letter. He neither receives my calls nor replies to any emails.
Regards.
From India, Delhi
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Regards.
From India, Delhi
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I find that many members, like you, ask for solutions to their problems without disclosing all the related facts. As a result, certain information has to be called for time and again. You should understand that a doctor cannot treat his patient properly unless the patient gives complete details of his problems. You have only disclosed the fact of the bond agreement in response to a query raised by one of our members. In your case, it seems that you have not fulfilled the conditions laid down in the bond you signed with your employer before joining and have left the company without prior intimation or resignation, which has annoyed your employer.
Since you are in possession of bank statements showing your salary transferred to your account from time to time, which will establish the employer-employee relationship in your case, you can file a dispute before the concerned Labour Officer-cum-Conciliation Officer of the State under whose jurisdiction your company is located.
Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Since you are in possession of bank statements showing your salary transferred to your account from time to time, which will establish the employer-employee relationship in your case, you can file a dispute before the concerned Labour Officer-cum-Conciliation Officer of the State under whose jurisdiction your company is located.
Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
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You must be having the copy of the bond that you signed with the company , that would suffice as an appointment letter and on that basis you may also lodge the complain with the concerned deptt.
From India, Ambala
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From India, Ambala
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[QUOTE=Priya26_Gupta;2062780]Hello Malay, Thanks for your response. Actually, that was a small company that did not provide any joining letter to their employees. At that time when I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer is not giving the experience letter. He neither receives my calls nor replies to any emails.
Seeking Experience Certificate
Hi Priya Gupta, The company that required a one-year bond may have been small, but there were likely intelligent employees running the company. They should have provided all formal documents for joining. However, try to establish mutual understanding to collect your experience certificate. Request it by emphasizing that you need it to build your future career. Remember, you may need this certificate in the future at any time.
Regards, Motaher Hossain Deputy Manager-HR Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
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Seeking Experience Certificate
Hi Priya Gupta, The company that required a one-year bond may have been small, but there were likely intelligent employees running the company. They should have provided all formal documents for joining. However, try to establish mutual understanding to collect your experience certificate. Request it by emphasizing that you need it to build your future career. Remember, you may need this certificate in the future at any time.
Regards, Motaher Hossain Deputy Manager-HR Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
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Dear Priya,
As Mr. Kalsi mentioned, please provide the details in one go to make it easier for the learned members to suggest a solution. Additionally, you may personally approach the employer and politely request an experience certificate. If this approach is not successful, you can consider seeking legal assistance.
Best of luck
From India, Chandigarh
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As Mr. Kalsi mentioned, please provide the details in one go to make it easier for the learned members to suggest a solution. Additionally, you may personally approach the employer and politely request an experience certificate. If this approach is not successful, you can consider seeking legal assistance.
Best of luck
From India, Chandigarh
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Dear Priya, You have right to take legal action against your previous employer. Ask a labour layer for the same. With Regards, Vineet Deshmukh
From India, Yavatmal
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From India, Yavatmal
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Sir/Madam My current company is terminate to me and not giving Reliving letter and experience Letter. I Have urgent need for next Job. What i do ???
From India, Bikaner
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From India, Bikaner
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Dear Navneet,
To enable us to guide you properly, it is necessary that you provide us with the following inputs regarding your query:
1. What are the terms and conditions of your appointment letter?
2. What is the type of organization and your position there?
3. Why is the company terminating you? What are the reasons thereof?
BS Kalsi,
Member Since August 2011
From India, Mumbai
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To enable us to guide you properly, it is necessary that you provide us with the following inputs regarding your query:
1. What are the terms and conditions of your appointment letter?
2. What is the type of organization and your position there?
3. Why is the company terminating you? What are the reasons thereof?
BS Kalsi,
Member Since August 2011
From India, Mumbai
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Experience certificate.doc