Hi, Am kishore, software developer. I joined Nimbylz Technology solutions in chennai on 21st April 2014, in the offer letter it has been stated that "the employee will not be given a relieving letter or experience letter if he quits or company stops him". I want to know whether it is legal to have this point in offer letter for signing.
I quit during Nov 18 th 2014, my HR is not ready to give me a relieving letter or experience letter.
Please reply me because of this I coundnt move to another company.
From India, Chennai
I quit during Nov 18 th 2014, my HR is not ready to give me a relieving letter or experience letter.
Please reply me because of this I coundnt move to another company.
From India, Chennai
Hi Sir / Ma’am, I think many of the companies hire ppl using the payslips, offer letter of previous company and resignation acceptance letter. Why dont you try in that way? Thanks
From India, Bangalore
2From India, Bangalore
The act of the comoany is illegal
If you are resigning and serving the stated notice period, they should give you experience and relieving letter. Each state has a different rule so you need to check the shop and establishment act. In Maharashtra, it is a legal requirement that the company give service serifs ate to an employee at termination of service (termination is end of service, including resignation and termination by company)
From India, Mumbai
If you are resigning and serving the stated notice period, they should give you experience and relieving letter. Each state has a different rule so you need to check the shop and establishment act. In Maharashtra, it is a legal requirement that the company give service serifs ate to an employee at termination of service (termination is end of service, including resignation and termination by company)
From India, Mumbai
Agreed with Mr. Saswata Banerjee.
This query is also addressed at:
http://www.lawyersclubindia.com/forum/Relieving-letter-and-experienceletter-114409.asp
You may go thru Tamilnadu Shops and Commercial Establishment Act ( Sec:28,41,43,47...) and Tamilnadu Shops and Commercial Establishment Rules 1948 {and apply for certified copy of Form-E,F,G,N....see Rule16(1) Register of Employment/Service Book)................and approach the Inspector appointed under this Act..............
You can also download the Act, role and contact details of Labor Officials from:
https://www.citehr.com/294048-notes-ap-shops-establishment-act.html#1957783
http://www.hrindya.com/wp-content/uploads/2010/10/Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf
http://www.tn.gov.in/rti/proactive/labour/handbook-labour.pdf
You will find the information posted as useful::::
http://legalpagal.blogspot.in/2012/02/is-software-it-company-factory-or.html
From India, Chandigarh
This query is also addressed at:
http://www.lawyersclubindia.com/forum/Relieving-letter-and-experienceletter-114409.asp
You may go thru Tamilnadu Shops and Commercial Establishment Act ( Sec:28,41,43,47...) and Tamilnadu Shops and Commercial Establishment Rules 1948 {and apply for certified copy of Form-E,F,G,N....see Rule16(1) Register of Employment/Service Book)................and approach the Inspector appointed under this Act..............
You can also download the Act, role and contact details of Labor Officials from:
https://www.citehr.com/294048-notes-ap-shops-establishment-act.html#1957783
http://www.hrindya.com/wp-content/uploads/2010/10/Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf
http://www.tn.gov.in/rti/proactive/labour/handbook-labour.pdf
You will find the information posted as useful::::
http://legalpagal.blogspot.in/2012/02/is-software-it-company-factory-or.html
From India, Chandigarh
Thank you Anand,Swatana Banerjee, Doaba. I am now hopeful that I can find a solution to this. Thanks a lot. Ill look into the details that you gave me and get back to you ppl.
From India, Chennai
From India, Chennai
Hi Kishore,
It is an illegal condition that your employer has included in your Appointment letter. You can definitely take legal action against your Employer as per details provided by Mr Saswata Banerjee & others. However, all this unfortunately takes time & also costs money towards lawyer's fees & other associated expenses. The first priority for you is to join your new Company & once you are settled there, you can think of taking action against your past Employer.
I would suggest that you speak to your new employer & discuss this matter & show them your past Appointment Letter, Payslip, PF Account details (provided your last employer was registered with PF authorities) etc to prove your employment & the period of your service. Nowadays, many Companies do not insist on Relieving letter because for many reasons, a lot of Companies harass employees who have left employment & do not issue or delay Relieving letter & Full & Final settlement. I am sure the HR people in your new Company would be aware of this. So go ahead & speak to your new employer.
Best of luck.
Regards
Bhaskar J. Roy
From India, New Delhi
It is an illegal condition that your employer has included in your Appointment letter. You can definitely take legal action against your Employer as per details provided by Mr Saswata Banerjee & others. However, all this unfortunately takes time & also costs money towards lawyer's fees & other associated expenses. The first priority for you is to join your new Company & once you are settled there, you can think of taking action against your past Employer.
I would suggest that you speak to your new employer & discuss this matter & show them your past Appointment Letter, Payslip, PF Account details (provided your last employer was registered with PF authorities) etc to prove your employment & the period of your service. Nowadays, many Companies do not insist on Relieving letter because for many reasons, a lot of Companies harass employees who have left employment & do not issue or delay Relieving letter & Full & Final settlement. I am sure the HR people in your new Company would be aware of this. So go ahead & speak to your new employer.
Best of luck.
Regards
Bhaskar J. Roy
From India, New Delhi
Hi Kishore,
As discussed and told by our Citehr experts, refuse to give Experience Certificate & Relieving letter is illegal, and if it has metioned in yout appointment letter,it is a proof to file suit against the employer. But, practically, if one employee resigned his job at the time when the employer needs his servie, normally the employer refused to provide these kinds of things. Ofcourse, i know that, in some employment, the employer made an agreement that atleast some minimum period he have to work with them and resigning before the said period also an offence and they create some rights to refuse to relive. These are because of they have spent lot to train them up uptowards the work. But, in practice, as told above, many employers know about the situation of resignation, so, they are not insisting for relieving letter and experience letter and as told, appointment letter and pay slips are most valid documents for getting an offer. if employer insist means explain the situation,because, employers know about the employment market. If you are having the qualities what employer expects, definitely they won't mind these things.
All the Best!
Regards,
P. Paraman.
From India, Selam
As discussed and told by our Citehr experts, refuse to give Experience Certificate & Relieving letter is illegal, and if it has metioned in yout appointment letter,it is a proof to file suit against the employer. But, practically, if one employee resigned his job at the time when the employer needs his servie, normally the employer refused to provide these kinds of things. Ofcourse, i know that, in some employment, the employer made an agreement that atleast some minimum period he have to work with them and resigning before the said period also an offence and they create some rights to refuse to relive. These are because of they have spent lot to train them up uptowards the work. But, in practice, as told above, many employers know about the situation of resignation, so, they are not insisting for relieving letter and experience letter and as told, appointment letter and pay slips are most valid documents for getting an offer. if employer insist means explain the situation,because, employers know about the employment market. If you are having the qualities what employer expects, definitely they won't mind these things.
All the Best!
Regards,
P. Paraman.
From India, Selam
Service Agreement to serve the employer/establishment is created and drafted in lieu of what: some extra ordinary favor or some certified training from some certified institute?
The training that is required to enable the employee to handle the counters of employer has to be provided by the employer without any cost to employees....
From India, Chandigarh
The training that is required to enable the employee to handle the counters of employer has to be provided by the employer without any cost to employees....
From India, Chandigarh
Resignation before end of tenure in service agreement is not any offence....
You may find another thread as useful...
http://www.lawyersclubindia.com/experts/Relieving-from-my-company-514871.asp#.VKEaYIJCCQ
From India, Chandigarh
You may find another thread as useful...
http://www.lawyersclubindia.com/experts/Relieving-from-my-company-514871.asp#.VKEaYIJCCQ
From India, Chandigarh
It is the duty of inspector under Shops and Establishment Act to see that an employee gets his relieving and dues. If an employer does not give so, then since inspector is a public authority under the Right to Information Act, 2005 ask for copy of relieving certificate of the employer which employer will not be a ble to refuse.
From India, New Delhi
From India, New Delhi
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