In the Schedule to the Industrial Employment Standing Order Act 1946, there is a list of things which an employer has to define. The list is as under:
THE SCHEDULE
[See Sections 2 (g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, an liability to search.
7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of he employer and workmen arising there from.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
Your matter covers under Point No. 10.
From India, Chandigarh
51THE SCHEDULE
[See Sections 2 (g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, an liability to search.
7. Closing and reporting of sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of he employer and workmen arising there from.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
Your matter covers under Point No. 10.
From India, Chandigarh
Further to my post #23, it is clarified that as per Rule No 16 of the INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946 [Notification No. L.R. 11 (37), date the 18th December, 1946], it is obligatory on the part of employer to provide Service Certificate to the permanent workman.
Rule 16 is reproduced below:
Rule 16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
You can download a copy of Act at: labour.nic.in
You can download a copy ofthese Rules at: labour.nic.in
From India, Chandigarh
Rule 16 is reproduced below:
Rule 16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
You can download a copy of Act at: labour.nic.in
You can download a copy ofthese Rules at: labour.nic.in
From India, Chandigarh
Swati,
I agree with Mr. Surendra Hegde. An experience letter is always good but not necessary. Your appointment letter is a document of evidence of your start date with the organization and the resignation / full & final letter is the proof of your last date.
However, if they are not accepting the resignation you can prove your tenure by a lot of ways
1. Showing your last pay slips
2. References of your colleagues / seniors in the organization (Telephonic after you get your offer roled out from the new company)
3. Your ESI / EPF records
4. Add your confirmation letter and last revised salary / promotion letter for additional evidence
5. Insurance premium paid by your organization and tax liability filed
6. Lastly, ask a senior or a peer in the organization to write you a letter of recommendation with date {If not on paper then on linkedin or any other professional networking profile}. That will help you getting better prospects
P.S. A lot of organizations will take you as who you are today and what you can bring to the table. A good company will take you irrespective of this formality as they can cover it up with other evidences.
Take Care
Hargovind Kakkar
Faculty - Department of Human Resource
From India, Gurgaon
I agree with Mr. Surendra Hegde. An experience letter is always good but not necessary. Your appointment letter is a document of evidence of your start date with the organization and the resignation / full & final letter is the proof of your last date.
However, if they are not accepting the resignation you can prove your tenure by a lot of ways
1. Showing your last pay slips
2. References of your colleagues / seniors in the organization (Telephonic after you get your offer roled out from the new company)
3. Your ESI / EPF records
4. Add your confirmation letter and last revised salary / promotion letter for additional evidence
5. Insurance premium paid by your organization and tax liability filed
6. Lastly, ask a senior or a peer in the organization to write you a letter of recommendation with date {If not on paper then on linkedin or any other professional networking profile}. That will help you getting better prospects
P.S. A lot of organizations will take you as who you are today and what you can bring to the table. A good company will take you irrespective of this formality as they can cover it up with other evidences.
Take Care
Hargovind Kakkar
Faculty - Department of Human Resource
From India, Gurgaon
hello swati,
u should go with lawful sequence to follow them, u have already done many of the needful steps, now u should collect your communication with the company in chronological order such as your salary slips no matter previous, your resignation letter with full mention of the details of your terms of joining, discuss the matter with your new company too truthfully.....
a local counsel will be of great help, your legal rights can not be denied
all the best
shivendra
From India, Gurgaon
u should go with lawful sequence to follow them, u have already done many of the needful steps, now u should collect your communication with the company in chronological order such as your salary slips no matter previous, your resignation letter with full mention of the details of your terms of joining, discuss the matter with your new company too truthfully.....
a local counsel will be of great help, your legal rights can not be denied
all the best
shivendra
From India, Gurgaon
Dear All
No doubt the Standing orders may provide for the issue of an Experience Certificte.This may be good for blue collared.But for the white collared they are still clueless .The only option is to make a complaint to the Authorities or send a legal notice. Again many of the Freshers cannot afford it.This is where we can have a Legal Aid Cell in CITE HR involving volunteers to take up such deserving cases.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
No doubt the Standing orders may provide for the issue of an Experience Certificte.This may be good for blue collared.But for the white collared they are still clueless .The only option is to make a complaint to the Authorities or send a legal notice. Again many of the Freshers cannot afford it.This is where we can have a Legal Aid Cell in CITE HR involving volunteers to take up such deserving cases.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
dear
you must know the situation in company if you submit letter of resignation. & if situation is not favourable to us then letter must be send through speed post with pod copy. In this regard you had also having appointment letter & salary slip of that company that is definetly evidence of you are working in that company. in addition you had also copy of resignation letter with pod for acknowledgement from that company. This is sufficient to prove your working in that company for certain period.
Regards,
kamat v. p.
From India, Mumbai
you must know the situation in company if you submit letter of resignation. & if situation is not favourable to us then letter must be send through speed post with pod copy. In this regard you had also having appointment letter & salary slip of that company that is definetly evidence of you are working in that company. in addition you had also copy of resignation letter with pod for acknowledgement from that company. This is sufficient to prove your working in that company for certain period.
Regards,
kamat v. p.
From India, Mumbai
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