Experience letter Experience letter

3 years ago

I joined my company without an offer letter and worked for 15 months as a trainee after which I joined as a permanent employee. Now my company is completely refusing to give any document/proof of my training period. What shall I do?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Approach jurisdictional labour inspector, give a complaint in writing to avail experience letter.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

ARSHAD ALI ZAIDI ADVOCATE

Responded 3 years ago

A.Look at the company's standing orders, employee manual, human resource policy book, etc. All such policies should be kept within the reach and knowledge of the employee. If these policies are not available with you then you can ask for them and try to get them from a coworker also. If according to the rules of your company there is a rule to give experience certificate and they do not give then you can take legal action against them, but if you need a lot of experience certificate. If an officer refuses to give experience certificate then you can request it from the senior officer. If you take any legal action, then you should also think that after the legal proceedings, you will not be able to work in that company easily.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Varun Vij

Responded 3 years ago

A.Hello,
Firstly, send them a letter/mail requesting for the experience certificate which you are entitled to and set a time frame of 14 days for the receiving of the same.

If he doesn’t reply or comply with your request you send him a legal notice requesting the same. I wish to convey to that most of the employers avoid going courts as they really know that they are guilty. So most of the employers grant the experience certificate as early as possible. If some employer is not budging to even for the legal notice then you can move to the labor department or file a complaint under the relevant sections of labor laws.

You can also file a civil lawsuit in courts. There are quite a few options to protect employees from harasments and abuses.

Feel free to connect with us for paid consultation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Devashish Wani

Responded 3 years ago

A.Dear client, it is possible that you may have some correspondence, a mail, or any message which suggests that you were a part of the company. If not, you may have to consult the higher authorities/management of the company for granting you the Experience Certificate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Munish Goyal

Responded 3 years ago

View All Answers
A.send one legal notice through a counsel first. you can contact me also through this webiste administrator and can get my details. i am sure sending one legal notice will surely work for you in getting your cerification.

regards

Munish Goyal Advocate
Senior Counsel.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
You may approach Labor Commissioner who has vast powers under section 12 of Industrial Disputes Act to instructions to your company to give you experience certificate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

J N Dwivedi

Responded 3 years ago

View All Answers
A.You can ask for training certificate as well as experience letter.if they will reject it you can send them a legal notice/written application and after it you file case before company Board of that area/approach to court.Court will issue notice and help you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPf overlaping issue
Dear Sir, PF PROVIDENT FUND How to solve the two UAN problem? Note that each person should have only one UAN number (like PAN), hence if you have multiple UAN, it’s not allowed and creates problem...
question iconPf exit date noy done by employer
Dear Client, Firstly you have breached the contract of employer and employee hence once the due process of resignation is followed only then you would be eligible for the PF. Please get back with you...
question iconEmployer replied to my BGV as "Absconded candidate"
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconPf exit date
Dear Sir, PF PROVIDENT FUND How to solve the two UAN problem? Note that each person should have only one UAN number (like PAN), hence if you have multiple UAN, it’s not allowed and creates problem...
question iconCompany asked me to pay one month salary on resignation on probation period
Dear Client, If the offer of the company meets the terms of your appointment letter appointing you as a probationer, then you can opt for resignation on payment of one month's salary without serving a...