Hello all,
I am working in a small IT company for last 6 months.Before this I had worked in an IT company for 1.5 yrs.But my previous employer is refused to give me the experience letter for my work.
I have no joining letter of that company.Also, not having any salary slips except the bank statemnts of salary transfer in my account.
Can I take any legal action against him.
Please suggest me some solution to get my work experience.
thanks to all in advance.
From India, Delhi
6I am working in a small IT company for last 6 months.Before this I had worked in an IT company for 1.5 yrs.But my previous employer is refused to give me the experience letter for my work.
I have no joining letter of that company.Also, not having any salary slips except the bank statemnts of salary transfer in my account.
Can I take any legal action against him.
Please suggest me some solution to get my work experience.
thanks to all in advance.
From India, Delhi
Dear Priya Gupta,
Have you resigned, completed all the clearance and exit formality. .
As per you " your last organization neither provided you appointment letter nor payslip till now. So why you not try to get your appointment letter and payslips. at starting time when you have joined that organization if HR department deny to provide these documents to you. you leave the organization. Now you meet to your previous HR and talk to him politely and ask him for your experience certificate and reliving letter and if he again deny, lodge a mental harassment complain but you have to be proof to show it that you was worked with that organization.
With Regards
From India, Ranchi
Have you resigned, completed all the clearance and exit formality. .
As per you " your last organization neither provided you appointment letter nor payslip till now. So why you not try to get your appointment letter and payslips. at starting time when you have joined that organization if HR department deny to provide these documents to you. you leave the organization. Now you meet to your previous HR and talk to him politely and ask him for your experience certificate and reliving letter and if he again deny, lodge a mental harassment complain but you have to be proof to show it that you was worked with that organization.
With Regards
From India, Ranchi
Hello Malay,
Thanks , for your response.
Actually that was a small company and that do not provide any joining letter to their employees.
At that time when I joined that company, I have signed one year bond, so not able to leave the company at that time.
Now, I have completely leave the company.but still the employer not giving the experience letter.He neither receive my call nor reply to any emails.
From India, Delhi
Thanks , for your response.
Actually that was a small company and that do not provide any joining letter to their employees.
At that time when I joined that company, I have signed one year bond, so not able to leave the company at that time.
Now, I have completely leave the company.but still the employer not giving the experience letter.He neither receive my call nor reply to any emails.
From India, Delhi
Dear Priya Gupta,
I find that many members, like you,ask solution to their problems without disclosing all the related facts,as a result certain information has to be called for time & again.You should understand that a doctor cannot treat his patient properly unless he give complete details of his problems. You have only disclosed the fact of bond agreement only in response to query raised by one of our members.In your case it seems that you have not fulfilled the conditions laid down in the the bond you have 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 of the your salary transferred in 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
I find that many members, like you,ask solution to their problems without disclosing all the related facts,as a result certain information has to be called for time & again.You should understand that a doctor cannot treat his patient properly unless he give complete details of his problems. You have only disclosed the fact of bond agreement only in response to query raised by one of our members.In your case it seems that you have not fulfilled the conditions laid down in the the bond you have 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 of the your salary transferred in 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
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
From India, Ambala
Hi Priya Gupta,
The company taken one year bond may be a small company but there are some intelligent employee to run the company. they should have provided the all formal documents for joining. Howeve, go for mutual understanding to collect your experience certificate. Request them you need this to build your future career. Remember you may need this certificate in future at anytime.
Motaher Hossain
Deputy Manager-HR
Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
The company taken one year bond may be a small company but there are some intelligent employee to run the company. they should have provided the all formal documents for joining. Howeve, go for mutual understanding to collect your experience certificate. Request them you need this to build your future career. Remember you may need this certificate in future at anytime.
Motaher Hossain
Deputy Manager-HR
Sinha Power, Dhaka, Bangladesh
From Bangladesh, Dhaka
Dear priya,
as mr. Kalsi told, please provide the detail in one stroke so that it is helpful for the learned members to suggest way-out. However you may personally approach the employer and politely request him for experience certificate. If it is not fruitful you may take legal remedy.
Best of luck
From India, Chandigarh
as mr. Kalsi told, please provide the detail in one stroke so that it is helpful for the learned members to suggest way-out. However you may personally approach the employer and politely request him for experience certificate. If it is not fruitful you may take legal remedy.
Best of luck
From India, Chandigarh
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
From India, Yavatmal
Hi team
I am in a very big problem
I was with American Express and resigned from there on 11/05/2016 and I got my salary on 25/05/2016 and then on 24/05/2016 which I thought was my full and final from the company.
Now today I called my company to give my relieving letter as I had to join another company and the payroll team told me that the amount which was sent on 24/06/2016 was incorrectly sent to you. Now pay that 50000 rps back and only then you can get your relieving letter.
The problem is I was not aware about this and they never contacted me or bank about the same.
I can't pay this huge amount.. what to do. Please help. M getting depressed coz of this
From India, New Delhi
I am in a very big problem
I was with American Express and resigned from there on 11/05/2016 and I got my salary on 25/05/2016 and then on 24/05/2016 which I thought was my full and final from the company.
Now today I called my company to give my relieving letter as I had to join another company and the payroll team told me that the amount which was sent on 24/06/2016 was incorrectly sent to you. Now pay that 50000 rps back and only then you can get your relieving letter.
The problem is I was not aware about this and they never contacted me or bank about the same.
I can't pay this huge amount.. what to do. Please help. M getting depressed coz of this
From India, New Delhi
Dear Svaishu,
You need to provide certain inputs before a 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 any contract.If yes, whether the terms and conditions of the same has been fulfilled ?
3. Whether you have obtained any "no dues certificate" or "clearance certificate" from departments ?
3.Why didn't you asked your relieving letter at the time of leaving the company and why asking now ?
4. Have you asked on what account they are asking Rs 50000/-to refund ?
You can certainly calculate your dues which you have 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 there would have genuinely paid you extra amount to the extent of Rs 50000/-, they would have certainly contacted you.
The best solution looks to me is you personally approach them and settle the issues instead of indulging in the correspondence.
BS Kalsi,
Member Since August, 2011
From India, Mumbai
You need to provide certain inputs before a 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 any contract.If yes, whether the terms and conditions of the same has been fulfilled ?
3. Whether you have obtained any "no dues certificate" or "clearance certificate" from departments ?
3.Why didn't you asked your relieving letter at the time of leaving the company and why asking now ?
4. Have you asked on what account they are asking Rs 50000/-to refund ?
You can certainly calculate your dues which you have 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 there would have genuinely paid you extra amount to the extent of Rs 50000/-, they would have certainly contacted you.
The best solution looks to me is you personally approach them and settle the issues instead of indulging in the correspondence.
BS Kalsi,
Member Since August, 2011
From India, Mumbai
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