Hello all,
I have been working in a small IT company for the last 6 months. Before this, I worked in an IT company for 1.5 years. However, my previous employer has refused to provide me with an experience letter for my work. I do not have a joining letter from that company, and I also do not have any salary slips except for the bank statements showing the salary transfers into my account.
Is it possible for me to take any legal action against them? Please suggest some solutions to help me obtain my work experience.
Thank you all in advance.
From India, Delhi
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6I have been working in a small IT company for the last 6 months. Before this, I worked in an IT company for 1.5 years. However, my previous employer has refused to provide me with an experience letter for my work. I do not have a joining letter from that company, and I also do not have any salary slips except for the bank statements showing the salary transfers into my account.
Is it possible for me to take any legal action against them? Please suggest some solutions to help me obtain my work experience.
Thank you all in advance.
From India, Delhi
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Dear Priya Gupta,
Have you resigned, completed all the clearance and exit formality?
As per your statement, your last organization neither provided you with an appointment letter nor a payslip until now. So, why have you not tried to obtain your appointment letter and payslips from the beginning when you joined that organization? If the HR department denies providing these documents to you, you should consider leaving the organization. Now, you should meet with your previous HR and politely request your experience certificate and relieving letter. If they deny your request again, consider filing a complaint for mental harassment. However, you must have proof to show that you worked with that organization.
With Regards
From India, Ranchi
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Have you resigned, completed all the clearance and exit formality?
As per your statement, your last organization neither provided you with an appointment letter nor a payslip until now. So, why have you not tried to obtain your appointment letter and payslips from the beginning when you joined that organization? If the HR department denies providing these documents to you, you should consider leaving the organization. Now, you should meet with your previous HR and politely request your experience certificate and relieving letter. If they deny your request again, consider filing a complaint for mental harassment. However, you must have proof to show that you worked with that organization.
With Regards
From India, Ranchi
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Hello Malay,
Thank you for your response. Actually, that was a small company that did not provide any joining letter to its employees. When I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer has not provided the experience letter. He neither receives my calls nor replies to any emails.
From India, Delhi
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Thank you for your response. Actually, that was a small company that did not provide any joining letter to its employees. When I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer has not provided the experience letter. He neither receives my calls nor replies to any emails.
From India, Delhi
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Dear Priya Gupta,
I find that many members, like you, ask for solutions to their problems without disclosing all the related facts. As a result, certain information has to be called for time and again. You should understand that a doctor cannot treat his patient properly unless the patient gives complete details of his problems. You have only disclosed the fact of the bond agreement in response to a query raised by one of our members. In your case, it seems that you have not fulfilled the conditions laid down in the bond you signed with your employer before joining and have left the company without prior intimation or resignation, which has annoyed your employer.
Since you are in possession of bank statements showing your salary transferred to your account from time to time, which will establish the employer-employee relationship in your case, you can file a dispute before the concerned Labour Officer-cum-Conciliation Officer of the State under whose jurisdiction your company is located.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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I find that many members, like you, ask for solutions to their problems without disclosing all the related facts. As a result, certain information has to be called for time and again. You should understand that a doctor cannot treat his patient properly unless the patient gives complete details of his problems. You have only disclosed the fact of the bond agreement in response to a query raised by one of our members. In your case, it seems that you have not fulfilled the conditions laid down in the bond you signed with your employer before joining and have left the company without prior intimation or resignation, which has annoyed your employer.
Since you are in possession of bank statements showing your salary transferred to your account from time to time, which will establish the employer-employee relationship in your case, you can file a dispute before the concerned Labour Officer-cum-Conciliation Officer of the State under whose jurisdiction your company is located.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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You must be having the copy of the bond that you signed with the company , that would suffice as an appointment letter and on that basis you may also lodge the complain with the concerned deptt.
From India, Ambala
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From India, Ambala
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[QUOTE=Priya26_Gupta;2062780]Hello Malay,
Thanks for your response. Actually, that was a small company that did not provide any joining letter to their employees. At that time when I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer is not giving the experience letter. He neither receives my calls nor replies to any emails.
Hi Priya Gupta,
The company that required a one-year bond may have been small, but there were likely intelligent employees running the company. They should have provided all formal documents for joining. However, try to establish mutual understanding to collect your experience certificate. Request it by emphasizing that you need it to build your future career. Remember, you may need this certificate in the future at any time.
Motaher Hossain
Deputy Manager-HR
Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
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Thanks for your response. Actually, that was a small company that did not provide any joining letter to their employees. At that time when I joined that company, I had signed a one-year bond, so I was not able to leave the company at that time. Now, I have completely left the company, but still, the employer is not giving the experience letter. He neither receives my calls nor replies to any emails.
Hi Priya Gupta,
The company that required a one-year bond may have been small, but there were likely intelligent employees running the company. They should have provided all formal documents for joining. However, try to establish mutual understanding to collect your experience certificate. Request it by emphasizing that you need it to build your future career. Remember, you may need this certificate in the future at any time.
Motaher Hossain
Deputy Manager-HR
Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
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Dear Priya,
As Mr. Kalsi mentioned, please provide the details in one go to make it easier for the learned members to suggest a solution. Additionally, you may personally approach the employer and politely request an experience certificate. If this approach is not successful, you can consider seeking legal assistance.
Best of luck
From India, Chandigarh
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As Mr. Kalsi mentioned, please provide the details in one go to make it easier for the learned members to suggest a solution. Additionally, you may personally approach the employer and politely request an experience certificate. If this approach is not successful, you can consider seeking legal assistance.
Best of luck
From India, Chandigarh
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Dear Priya, You have right to take legal action against your previous employer. Ask a labour layer for the same. With Regards, Vineet Deshmukh
From India, Yavatmal
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From India, Yavatmal
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Hi team,
I am in a very big problem. I was with American Express and resigned from there on 11/05/2016. I received my salary on 25/05/2016, and then on 24/05/2016, which I thought was my full and final payment from the company.
Today, I called my company to request my relieving letter as I needed to join another company. The payroll team informed me that the amount sent on 24/06/2016 was mistakenly sent to me. They now demand that I return 50000 INR before I can receive my relieving letter.
The issue is I was not aware of this mistake, and they never contacted me or my bank regarding the overpayment. I am unable to pay this substantial amount. What should I do? Please help. I am feeling depressed because of this situation.
From India, New Delhi
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I am in a very big problem. I was with American Express and resigned from there on 11/05/2016. I received my salary on 25/05/2016, and then on 24/05/2016, which I thought was my full and final payment from the company.
Today, I called my company to request my relieving letter as I needed to join another company. The payroll team informed me that the amount sent on 24/06/2016 was mistakenly sent to me. They now demand that I return 50000 INR before I can receive my relieving letter.
The issue is I was not aware of this mistake, and they never contacted me or my bank regarding the overpayment. I am unable to pay this substantial amount. What should I do? Please help. I am feeling depressed because of this situation.
From India, New Delhi
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Dear Svaishu,
You need to provide certain inputs before proper advice is rendered to you. These are:
1. Whether you have completed the notice period of your service after your resignation?
2. Whether there was any bond or contract. If yes, whether the terms and conditions of the same have been fulfilled?
3. Whether you have obtained any "no dues certificate" or "clearance certificate" from departments?
4. Why didn't you ask for your relieving letter at the time of leaving the company and why are you asking now?
5. Have you asked on what account they are asking for Rs 50,000 to be refunded?
You can certainly calculate your dues which you received on 25.5.2016 & 24.6.2016 and check whether any extra amount had been received by you by mistake.
It seems to me that they do not want to give you the relieving letter and if they had genuinely paid you an extra amount to the extent of Rs 50,000, they would have certainly contacted you.
The best solution looks to me is for you to personally approach them and settle the issues instead of indulging in correspondence.
BS Kalsi, Member Since August 2011
From India, Mumbai
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You need to provide certain inputs before proper advice is rendered to you. These are:
1. Whether you have completed the notice period of your service after your resignation?
2. Whether there was any bond or contract. If yes, whether the terms and conditions of the same have been fulfilled?
3. Whether you have obtained any "no dues certificate" or "clearance certificate" from departments?
4. Why didn't you ask for your relieving letter at the time of leaving the company and why are you asking now?
5. Have you asked on what account they are asking for Rs 50,000 to be refunded?
You can certainly calculate your dues which you received on 25.5.2016 & 24.6.2016 and check whether any extra amount had been received by you by mistake.
It seems to me that they do not want to give you the relieving letter and if they had genuinely paid you an extra amount to the extent of Rs 50,000, they would have certainly contacted you.
The best solution looks to me is for you to personally approach them and settle the issues instead of indulging in correspondence.
BS Kalsi, Member Since August 2011
From India, Mumbai
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