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Dear All,
Need your valuable suggestions ASAP!!
One of my dearest friends was working with a HR firm based at Hyderabad. He served the company for a long year time and due to some personal reason he started looking for another good opportunity for himself. Somehow the management, which consists of three brothers, came to know about my friends' intention and they literally told him that they won't equip him with any experience certificate or any such document which could prove his service to the new employer. Hence, I kindly request you all to suggest me the best way out of the above problem as one of our community member is in great need of us.
Regards,

From India, Madras
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Hi,
Professionally, they can't do anything
1) Ask ur frnd to convince them that he is not looking for job
2) If is work is gud, then the company can't stop anyone from going
3. Ur frnd can probably explain them his prob, it genuine then they could give his certificate
Hope all this can help
Regards
Priya

From India, Pune
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You can always prove your service with that company. Moreover, currently, companies look for experience; they also look for how the candidate is really worth during the time of the interview. As long as you are straightforward during the interview and by stating the facts, I do not think your friend will have any problems. This is my personal view. I have done thousands of interviews during the last 3 years; this should not be a problem.

Thanks,
Anand

From United States, Canton
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Hi Priya,
Thanks for your suggestion, but to be honest I personally believe that the reason could be my friends' appreciable work/ services to the company. As he is one of the efficient and competent employees, the company does not want to loose him so easily and that is why they are trying to retain him any how, by hook or by crook. Is it possible for him to use any other stuff as the evidence of his service as the company is reluctant to provide him the reliving letter.
Regards,

From India, Madras
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Hi,

I think the appointment letter that he received should include a clause stating that if the employee decides to leave the company, they must serve a certain notice period. Therefore, I suggest that your friend first submit a resignation letter to his boss, indicating that this serves as his notice period, and specifying his last working day as (the last date of his notice period). Kindly relieve him of his duties starting from (the date).

I believe there should not be any issues, and they are obliged to provide him with an experience letter as well.

Regards,
Vivek

From India, Meerut
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Nothing to be done. I know I may seem very unethical, but as I believe in the principle of "an eye for an eye," I would request your friend to fake the experience certificate. I don't know; one suggestion I can give is to scan the copy of the experience certificate that your friend might have provided to some earlier employee as an HR person. Then use a PDF modifier to modify the entire certificate as per his needs. What do you say?
From India, Mumbai
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He Can show his Appointment letter along with the resignation letter given by him,, Dont harp too much on the company,, Career is Important,,,,,,
From India, Coimbatore
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It may seem conservative, but please DO NOT fake any experience certificate. Companies are very sensitive about honesty and rightly so. The best way out is to reason with the employer. I know this may be a futile exercise, but the other option is to give references of a few colleagues from the company who will vouch for the experience, integrity, etc.

As per the Industrial Employment Standing Orders Act, giving an experience certificate is a must if the State Government has any rules to that effect; please check the same.

An interviewer will not usually hold a lack of an experience certificate against a candidate if there are cogent reasons. I am sure your friend's case is neither the first nor the last, and interviewers are aware of such practices by employers. The last resort is to write a letter by registered post asking the employer for a certificate of tenure of employment and income tax details for the relevant period. If you can send this as a legal notice, I've known situations where it helps.

Regards.

From India, Pune
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Hi Sumir,

Last drawn pay can be proved by either credit to his bank account or a copy of a cheque. In fact, he may be able to construct a trail of first and last credits in his bank account to show his "length of service". PF, ESI, etc., may be other ways of proving his employment track. What you may not be able to show in the absence of an experience certificate is how valuable he was to the company, etc. He is in a bit of a spot since it is a family-owned business. NEVER FAKE A LETTER; it will only bring grief later. If he is serious about quitting, he should send in a resignation notice along the lines suggested in another post earlier and perhaps include a sentence or two about his experience and value to the company and how difficult it is for him to leave the company. I agree with the other advice here that it is best to talk to his bosses.

Regards,
Ganesh

From India, Madras
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Dear Sumir, your friend have the last month pay silp. it is enough & he had the any appointment letter. regards, MG 9842511533...
From India, Madras
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Hi Dear,

One more thing he can do is this: He should clearly inform his new employer that he is not receiving the experience letter from the current employer due to poor management.

Thanks & Regards,
Swapnil
Tyco Electronics


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No issues at all!

All he has to do is inform the same to the company he is planning to join. If he is sure of proving his capabilities, the new organization should have no issue in taking him on board. Experience certificates should not be a hindrance in joining another organization.

Regards, Inderpal

From India, Mumbai
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A copy of appointment letter along with a copy of resignation letter would do. He can submit voucher/bank records as additional evidence to establish that, he worked till recently
From India, Chennai
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There has to be some way out of this. Ask your friend to file a case in the labor court, but he should follow all the rules such as serving the notice period. This will help to make his case strong. No employer can stop an employee like this.

Thanks,
Beena

From India, Delhi
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Faking a certificate is really unethical, and I really appreciate it if the facts are made open in front of the interviewer. If the candidate is competent, no company will reject him just on the basis of his relationship with the earlier organization. Yes, for the proof of working with the organization - your friend can show his appointment letter (for the joining date proof), and an email from his current official ID (as proof that he is still working with them) will suffice.

I myself am also an HR professional with several years in the industry, and based on my experience, people respect competency and understand the situations.


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Hi,

Some employers try crooked ways to retain employees, which is not a healthy practice. Every employee has the right to look for a change for whatsoever reasons. It is illegal and unethical for an employer to hold back relieving and experience letters.

In such a situation, your friend should submit his resignation and obtain a receipt and/or acceptance of resignation. He should indicate to his future employer the possibility of him not being able to provide a relieving letter. He can provide salary slips and/or bank statements to prove his tenure. Give good references from the company who will vouch for his hard work, competency, etc.

If the employer does not give him the full and final settlement and PF dues, then he can approach the labour court for redressal.

Hope this helps.

From India, Pune
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Hello,

No need to panic.

If he is a good and competent employee, it is the competence that matters for a new opportunity and not necessarily the years spent by him in the last job.

If the reasons for not being able to produce the experience certificate are put across honestly, sincerely, and transparently, I am certain that not every new/potential employer will shy away from the reality.

Having said all this, let us look at some facts that can vicariously prove his employment with that employer. For example:

1) His PF membership documents.
2) His appointment letter, Increment letters (if any), and
3) Signing Authorities that may have been issued to him from time to time.
4) Government Offices/Agencies that he used to deal with can also vouch for his employment.
5) The consultants can also vouch.
6) His pay-slips.

If we think about the matter in a cool and composed manner, we will generate many more authentic documents to PROVE that he indeed was working with that employer and has not been bluffing his way over the years.

Start thinking, and you will dispel the gloom! BUT WHATEVER YOU DO, PLEASE DO NOT BE UNETHICAL AND/OR DISHONEST EVER IN YOUR CAREER OR IN LIFE!

Regards,

Samvedan

July 10, 2007

From India, Pune
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Hi,

Though nothing can be done about it as three brothers are reluctant to give him an experience letter, he can still prove his credentials and experience by submitting a copy of the latest appointment letter/increment letter and the latest salary slip. He should also inform his prospective employer that he would not be able to provide an experience certificate.

With regards,
Daleep


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Hi Sumir,

No need to worry because in case he gets an opportunity, it's better to inform the new employer about the difficulty in obtaining an experience certificate in the current situation. He can then show his appointment letter to them. If the new employer sees his worth, there should be no objections.

At the same time, ask your friend to explain his situation and persuade them to provide an experience certificate. If it works out, then there are no problems at all. Hope you are clear.

Cheers,
Good luck

From India, Mumbai
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The candidate appointment letter and salary slips, along with the bank statement, will prove the employment with the current company. Your friend needs to clarify the intentions of the current employer and convince them. There are other alternatives available, but they may involve legal hassles, and you understand how the law works.

Professionally, companies do consider practical aspects. In fact, a friend (the one whose name this ID is registered under 'Chaudhary') has joined a global leader, "Ad...," without the necessary documents, and they still considered the application. The main concern for companies is the candidate's talent; the rest are merely paperwork formalities that can be overlooked when they seek the best.

Regards,
Akash Insi.


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Dear All, Thanks for your valuable suggestions.I am passing all your suggestions to my friend simultaneously, and hope he could decide the best move out of all. Regards.
From India, Madras
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Hi,

This type of behavior from the employer is pretty common in small companies, but nothing to worry about as most organizations these days ask for either your offer/appointment letter or experience certificate. Hence, if your friend has any of these, he can present them wherever he applies for a job.

Regards,
Viren Negi

From India, Delhi
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You should prepare your biodata based on your experience in the organization served and submit the same to your prospective employer. You can straightforwardly inform them that the previous employer is not issuing the experience certificate in an attempt to jeopardize his prospects. Those entrusted with recruiting individuals are wise enough to judge the truthfulness of your statement. Experience is like an aroma that can always be sensed. If you know the job well, nobody will even ask you to prove it, as it is simply a piece of work. Experience speaks for itself, so your friend's career is safe.

Deepak Thukral
Chandigarh

From India, Chandigarh
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It's not a new situation. It is generally rampant in small private companies when a company does not want to let go of a valuable employee. They use such methods to retain an employee.

The best approach would be to use honesty. He should inform his new employer of the situation once he clears all stages of the interview process. He can support his case with his appointment letter, salary slips for the past three months, a copy of the resignation letter, and the names of two persons in his current company who would be willing to act as references.

Any rational person will not hold the absence of an experience certificate against him.

Regards,
Sukhi

From India, Delhi
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Hi there,

I would suggest that your friend can once again try talking to his employer, and in case if they refuse to provide him the experience letter, tell him to go ahead to another company and show his appointment letter and the last drawn copy of payslip to the new employer. They would surely consider it. My sincere request is not to abide by any unfair means of creating a fake certificate because this could hurt the employer's trust. Best of luck to your friend.

Nidhi

From India, Pune
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Hi Sumir,

Ask your friend not to worry because if he has the rich knowledge and experience, he will simply clear the interview. Regarding the experience letter, he can show his appointment letter, the resignation letter, the payslip, and the IT return copy. This would more than suffice as proof that he has worked in such a position.

Additionally, as you mentioned that he is one of the good performers, he should have received some appreciation emails from his immediate boss or the client he is working for. These emails can also serve as a basis to prove that he has worked for that company.

I hope this helps him out of the crisis.

Regards,
Liritta

From India, Mumbai
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Hi,

I hope this helps:

1. Nothing like leaving with a good relationship; he could always convince the TRIO that although he is leaving, he would always be available for help wherever he might go. This would surely give them a feeling that if he is not relieved properly, he would not assist in any matter.

2. As suggested by some, it's true that if the facts are very clearly stated at the time of the interview, I am sure it would not affect his job prospects. Some companies nowadays don't even ask for an experience letter if they find the person competent enough.

3. Wherever required, if he can still prove that he was working in that organization, but the trend also is when an employee is terminated in any organization, neither a relieving letter nor an experience letter is given. Possibly the new employer might think along these lines. Therefore, the 'Statement 2' is a must to convince the new employer at the time of the interview.

4. The last option is going legal, but I am not sure if that would help in getting the desired letters.

Hope this helps.

Regards,

Francis

From India, Pune
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Dear Sumir,

Your friend's situation is difficult but not impossible to manage.

Here is a simple thing that you can do.

Explain to the management that he has personal problems and that he will have to leave come what may. Inform the management at the same time that he is sure that he does not want to spoil relations with him before leaving. Be sure to narrate the good that he has done for the company, the winning moments, and that he would like to get back to them once his problems are resolved, but he may have to shift base, etc.

Tell his current employer that the experience certificate is a mere formality and that you are sure that he is not naive enough to believe that he cannot prove his worth without a certificate. Collect any sort of documentation that proves your tenure, responsibilities, how well you performed, etc. Be sure that they are in his possession.

Be bold and tell the Managing authority (anyone who is a simpler nut to crack and has the signing authority) that you are in possession of the same and that they can prove your worth in your current organization. Request him to give the experience certificate. He will do so, as he has to save face. He knows that it's a lost cause so he would make a graceful exit. :)

Let me know if it works out.

Regards,

Shyamali

From India, Nasik
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Hi,

A similar problem I faced in my previous company when I was working for Constance. However, I managed to escape. Please advise your friend not to create any fake documents. He will have an appointment letter, salary account, etc. Instruct him to send a resignation letter to the employer and cc it to your personal email address. If he does not receive a relieving letter, advise him to go to the Labor Department of the AP Government and escalate this issue to the government. Recommend that he reads the labor law to gain a better understanding of the company.

All three brothers will face serious problems.

Regards,
Nishant
09342516351

From India, Bangalore
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If the management is not willing to provide the experience certificate, your friend should have a reason that may not be known to you. If he is competent and is a quality workman, why is the management saying so? I am confused. If someone is competent and a best worker, then he/she is popular and nice to all in the company, as his/her focus is on work only. If management is not providing your friend the experience certificate, honestly speaking, the reason is not what you are presenting to us. Your friend may have some other reason why the management is not providing the experience certificates. Your friend should request the management and justify the work he had done for them during his tenure and should explain why he is eligible for an experience certificate.

I think this can be the way to get the certificate from management only by persuading them. Your friend should walk out of the company with a good relationship with all, so that they can respond to his reference check with a positive feedback.

Thanks,

Dev

From India, Gurgaon
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Hi, I do agree with one of the suggestions posted in this email. An Offer Letter, Appointment Letter, appraisal letter, last drawn payslip, or any salary record can be submitted as proof of his employment to his new employer. The balancing part for your friend is to communicate the same and convince his new employer of the situation.

Best Regards, Sumit

From India, Mumbai
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Dear Friend,

I agree with what Samvedan had said. Try to be honest with the new employer, whoever it is, and show them the proof of the mentioned items. A copy of the appointment letter, salary slip details, or even a testimonial about you from a senior person in the company will suffice.

I sincerely suggest that you do not follow any unethical means that some of our friends on the forum have suggested. It questions your self-integrity, and if the new employer finds out, the job can become really tough. Be upfront with the new employer if the current employer is unwilling to provide you with the supporting documents; that should be enough. No need to worry too much.

However, I recommend that you talk to your current employer, explain the situation, and request to be relieved properly as this will go a long way. I've faced a similar situation but managed to resolve it somehow.

All the very best.

Regards,
Raghu Shekaran.

From Nepal, Kathmandu
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Dear Sumir,

If the employer is not issuing an experience certificate, one can use the PF number as proof of the duration of service. Additionally, your friend can provide payslips during the interview.

Regards,
Tribikram

From India, Delhi
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Hello,

I guess this is a bit sensitive matter of your career, so please be very careful about your steps you take. Moreover, avoid doing unethical or fake things. After all, you haven't done anything wrong. So try to explain the situation to your seniors. If not, report the things to your colleagues who may support you.

ALL THE BEST. EVERYTHING WILL BE FINE. BELIEVE IN GOD :)

From India, Ahmadabad
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Hi Friend,

Don't bother about these types of issues. Your friend can approach the ombudsman, the person who is responsible for handling these types of issues and appointed by management. Your friend should bring this issue to his notice. He is the right person to mediate between you and your superior. Then your friend will receive all the necessary documents from the organization.

Arun.


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Hi Sumir,

You mentioned that your friend is in the HR department. Has he followed all the rules and processes that an employee needs to follow while exiting an organization? Is he looking for a job in the same city, or is he relocating? If he is looking for a job in the same city, how does it affect his personal problem? Is the personal problem work-related or family-related?

Normally, as an HR professional, whenever we receive a resignation, we ask the employees to discuss the matter with their managers or take appropriate steps. Has your friend spoken to any of his managers or the boss in his case about his problem? If not, then why not?

If his problem is genuine and he needs to leave his current company, the boss cannot prevent it. He can serve his notice period and, when he chooses to join the next organization, he can carry all the relevant letters, certificates, salary slips, and his bank statement. These documents can verify the authenticity of the salary slips, and I am confident that the new company may not request a relieving or experience letter if he has all the proofs.

However, it is important never to advise anyone to be unethical as it does not reflect well on the HR department.

Hi Friends,

I am really surprised to see the suggestions given by some of you.

I hope that all of you who have replied to Sumir's query are from the HR department. If, as an HR professional, you are considering giving unethical advice, I wonder if you are truly honest in your profession. If an employee under your supervision were to act in such a manner, would you approve of it? Always think positively; you will achieve good results in the long run. Perhaps by taking an alternative approach, the immediate results may seem positive but will not be sustainable.

UNS.

From India, Pune
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Helo need a help. I have a good candidate with 18 years of exerience in HR. If anybody has a sutiable opening with your orgqanisation, pls do let me know. rgds bharathi 9967012542
From India, Pune
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This usually happens when an organization depends on the capability of an individual as the fear of a vacuum, which may result from the departure of an experienced hand, looms large on the management. The management should create a second defense for all such persons handling important assignments. You see, a person is not permanently wedded to an organization. This is particularly true in respect of individuals who are promising and adventurous to locate better prospects. Ideally, the management should not go beyond the terms and conditions of employment and should gracefully relieve a person not willing to work anymore.

As far as your friend is concerned, I may say that experience always goes with the person and is not dependent upon a piece of paper called an experience certificate. The persons entrusted with the task of interviewing a prospective candidate are wise enough to ascertain the correctness of the experience claims made in the resumes. I am sure even the normal documents like employment letters, pay slips, etc., will suffice.

Deepak Thukral

Chandigarh

From India, Chandigarh
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You should not do anything which may jeopardize your career forever, as forging documents is an offense punishable under the Indian Penal Code. This can seriously be suicidal for you.

DEEPAK THUKRAL
CHANDIGARH

From India, Chandigarh
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