Hi Seniors,
I was working with a private company in Trivandrum for 18 years and due to internal politics, I was terminated from service on 29.08.2013, for a simple reason that I have taken leave without prior sanction for an emergency surgery.
My post was Asst.General Manager - Finance. Now they have settled my gratuity, but they are not issuing experience / conduct certificate for applying for a new job. Am I not eligible for that ? Can I file a suit against the Company?
Ajai
From India, Trivandrum
3I was working with a private company in Trivandrum for 18 years and due to internal politics, I was terminated from service on 29.08.2013, for a simple reason that I have taken leave without prior sanction for an emergency surgery.
My post was Asst.General Manager - Finance. Now they have settled my gratuity, but they are not issuing experience / conduct certificate for applying for a new job. Am I not eligible for that ? Can I file a suit against the Company?
Ajai
From India, Trivandrum
service certificate has to be mandatorily issued by them. Write to them with a request for service certificate and send thru regd letter. pon
From India, Lucknow
From India, Lucknow
Hello Ajai,
In addition to what Pon mentioned, a few more aspects/points.
The reason you mentioned for the termination surely DOESN'T SOUND CONVINCING--given your tenure in this company.
However, even IF the reasons are different from what you mentioned, the Company surely can't avoid giving your Experience & Relieving Letters. But there's one risk for you reg the Relieving Letter--what IF it mentions you were terminated? Would that help you to get another job?
Like Pon mentioned, prepare the ground IN-WRITING--in case you don't any reply for a couple weeks, you can follow it up with another Letter as a reminder. You will need the paperwork IF you do NEED TO go legal.
All the Best.
Rgds,
TS
From India, Hyderabad
In addition to what Pon mentioned, a few more aspects/points.
The reason you mentioned for the termination surely DOESN'T SOUND CONVINCING--given your tenure in this company.
However, even IF the reasons are different from what you mentioned, the Company surely can't avoid giving your Experience & Relieving Letters. But there's one risk for you reg the Relieving Letter--what IF it mentions you were terminated? Would that help you to get another job?
Like Pon mentioned, prepare the ground IN-WRITING--in case you don't any reply for a couple weeks, you can follow it up with another Letter as a reminder. You will need the paperwork IF you do NEED TO go legal.
All the Best.
Rgds,
TS
From India, Hyderabad
Hi ponji / Sateeshji, I am sending reminders thro' email on alternative days to HR manager / MD. But no reply. Can move thro' labour office to know about exact reason for my termination? Ajai
From India, Trivandrum
From India, Trivandrum
Mr Natarajan Unless model standing orders are applicable to Marikar Motors legally you are not entitled for Exp certificate. VARGHESE MATHEW 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Experience Certificate is an important document in career building, which is a authenticated paper that helps to grab better job opportunities.
However, for some reason, employer is denying to issue the same, one can give proper justification, to his new employer and this new employer can rely on the Appointment letter issued by earlier company, latest Pay slips, and other relevant documents, like Promotion letters etc, issued during the working tenure of the Employee. This will prove your working experience in the Organisation.
From India, Mumbai
However, for some reason, employer is denying to issue the same, one can give proper justification, to his new employer and this new employer can rely on the Appointment letter issued by earlier company, latest Pay slips, and other relevant documents, like Promotion letters etc, issued during the working tenure of the Employee. This will prove your working experience in the Organisation.
From India, Mumbai
pl ask them to issue other wise also your appointment order and gratuity calculations shows your service and separation date and total service.this you can mention in your resume.their service certificate may indicate your termination which is not be to your intrest
From India, Hyderabad
From India, Hyderabad
Nowthat you have received the gratuity, there may not be any problem in solving the matter. Did you receive your PF amount. If it is so then there cannot be any hold against you for the management. Send a letter ( hard copy) to the company by registered post thanking for the settlement of Gratuity etc ( if any) and request them to issue an experience certificate and a releiving letter. Eveything depends upon how you proceed with the issue. You will definitely get it.
From India, Madras
From India, Madras
Hi Ajay,
Don't worry, despite having worked for such a long period that too in a senior position you should be good enough to advise others. Nevertheless, if they don't consider issuing an Experience Letter atleast you are entitled to get 'Service Certificate' which as a format doesn't include elaborate performance appraisal sort of details in it. It simply comprised of Name of employee, DoB, DoJ, Date of leaving, Designation when left, Emoluments drawn when left and lastly Remarks. So this sort of certificate should serve your purpose. Ask for this and if not forthcoming take it up legally, issue legal notice and claim damages for harassing you like this as a last resort. I think you should be bold enough to face any eventuality provided your competence is not questionable. I'm sure when you speak the truth you are going to get a job of your choice. All the best pal.
From India, Bangalore
Don't worry, despite having worked for such a long period that too in a senior position you should be good enough to advise others. Nevertheless, if they don't consider issuing an Experience Letter atleast you are entitled to get 'Service Certificate' which as a format doesn't include elaborate performance appraisal sort of details in it. It simply comprised of Name of employee, DoB, DoJ, Date of leaving, Designation when left, Emoluments drawn when left and lastly Remarks. So this sort of certificate should serve your purpose. Ask for this and if not forthcoming take it up legally, issue legal notice and claim damages for harassing you like this as a last resort. I think you should be bold enough to face any eventuality provided your competence is not questionable. I'm sure when you speak the truth you are going to get a job of your choice. All the best pal.
From India, Bangalore
Hi Ajay,
Don't worry, despite having worked for such a long period that too in a senior position you should be good enough to advise others. Nevertheless, if they don't consider issuing an Experience Letter atleast you are entitled to get 'Service Certificate' which as a format doesn't include elaborate performance appraisal sort of details in it. It simply comprised of Name of employee, DoB, DoJ, Date of leaving, Designation when left, Emoluments drawn when left and lastly Remarks. So this sort of certificate should serve your purpose. Ask for this and if not forthcoming take it up legally, issue legal notice and claim damages for harassing you like this as a last resort. Going by your description,absence without prior leave sanction doesn't warrant capital punishment like 'termination'. I think prima facie you should fight this termination itself with a demand for reinstatement with back wages and continuity of service. Who knows this kind of step itself may hasten your Experience/Service Certificate. In my opinion if the 'Absence without leave sanction' were to be such a heinous crime they should have by all means forfeited the gratuity itself in the first place, so I don't think they have a strong case to defend against your claims. Remember the famous adage "offence is the best form of defence''. I would say, you should be bold enough to face any eventuality provided your competence is not questionable. I'm sure when you speak the truth you are going to get a job of your choice. All the best pal
From India, Bangalore
Don't worry, despite having worked for such a long period that too in a senior position you should be good enough to advise others. Nevertheless, if they don't consider issuing an Experience Letter atleast you are entitled to get 'Service Certificate' which as a format doesn't include elaborate performance appraisal sort of details in it. It simply comprised of Name of employee, DoB, DoJ, Date of leaving, Designation when left, Emoluments drawn when left and lastly Remarks. So this sort of certificate should serve your purpose. Ask for this and if not forthcoming take it up legally, issue legal notice and claim damages for harassing you like this as a last resort. Going by your description,absence without prior leave sanction doesn't warrant capital punishment like 'termination'. I think prima facie you should fight this termination itself with a demand for reinstatement with back wages and continuity of service. Who knows this kind of step itself may hasten your Experience/Service Certificate. In my opinion if the 'Absence without leave sanction' were to be such a heinous crime they should have by all means forfeited the gratuity itself in the first place, so I don't think they have a strong case to defend against your claims. Remember the famous adage "offence is the best form of defence''. I would say, you should be bold enough to face any eventuality provided your competence is not questionable. I'm sure when you speak the truth you are going to get a job of your choice. All the best pal
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
BM-Sept. issue highlight.zip
BM-Dec. issue highlight.doc
BM-Feb.09 issue highlight.pdf