I resigned as per the rules and served a two-month notice period. However, due to some pending work, they are denying me my experience and relieving letter. It's been two months, and every time I ask, they refuse to provide these documents. I am very worried about my documents and am facing significant stress because of this. I have received an opportunity at another company, and now these documents are mandatory. Please suggest how I can obtain my documents. Should I pursue legal action or consider other options?
From India, Bengaluru
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From India, Bengaluru
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Technically, an experience letter is the right of the employee. As the granting of an experience letter is now common, hence an employer is presumed to have tacitly accepted that such a certificate will be granted in the event of an employee leaving the service. So, yes, you can proceed to a civil court or try to convince a labor inspector on this issue. Though a civil court is an optimum solution.
From India, Kolkata
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180From India, Kolkata
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Mr. Praveen, you have another option as well. You can go to the HOD department and try to convince them that you require all the experience certificates. Be polite when speaking to them. Also, inquire about your availability by phone when needed. Avoid opting for legal action as it may prolong the process.
From India, Mumbai
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From India, Mumbai
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Service Certificate and Legal Obligations
A service certificate (the correct term for an experience letter) is mentioned in the Industrial Employment & Standing Orders Act. The applicability of the act depends on the manpower engaged by the organization. Refer to the state rules formed under the act and check the applicable manpower.
If the act applies to your previous organization, then it is obligated to issue you a service certificate. You can request the issuance of a service certificate by citing the rule. If they still refuse, you may need to approach the government labor officer in your area.
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From India, Mumbai
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A service certificate (the correct term for an experience letter) is mentioned in the Industrial Employment & Standing Orders Act. The applicability of the act depends on the manpower engaged by the organization. Refer to the state rules formed under the act and check the applicable manpower.
If the act applies to your previous organization, then it is obligated to issue you a service certificate. You can request the issuance of a service certificate by citing the rule. If they still refuse, you may need to approach the government labor officer in your area.
Regards
From India, Mumbai
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Obtaining an experience letter and relieving letter from the company through the legal route will be difficult and time-consuming. First, give all your best effort to convince the management and obtain those two documents. Keep the legal aspect as the final option.
From India, Kolkata
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From India, Kolkata
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Hi, Praveenji,
If the company has a Standing Order certified by the LC, there will be a stipulation to provide a Service Certificate, which should be sufficient for your purpose. Please approach the HR Head and request him to issue the Service Certificate if there are no other issues you have with the company for them to refuse it. The HR Head should be sympathetic in some situations; otherwise, who knows, he may also face problems from employees for not helping a needy person despite the provision in the CSO.
Email: c.neyimkhan@gmail.com
HR Consultant
1.2.17
From India, Mumbai
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If the company has a Standing Order certified by the LC, there will be a stipulation to provide a Service Certificate, which should be sufficient for your purpose. Please approach the HR Head and request him to issue the Service Certificate if there are no other issues you have with the company for them to refuse it. The HR Head should be sympathetic in some situations; otherwise, who knows, he may also face problems from employees for not helping a needy person despite the provision in the CSO.
Email: c.neyimkhan@gmail.com
HR Consultant
1.2.17
From India, Mumbai
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Relieving & Experience Letter.doc