Experience/Relieving Letters
11 months ago
I have served in a company for around 4 months(probation period) and resigned formally and joined a well renowned Indian MNC. I recently applied to a company where they are expecting all past experience/relieving letters for BGV. But the previous company hasn't issued me any experience/relieving letter. So I sent an email to them to share it as soon as possible as it is impacting my career. The reply was: 'according to their company policy a duration of 2 years has to be served to obtain the same.' But this was not mentioned in their offer letter. According to Industrial Employment (Standing Orders) Act 1946, this states that it must be specified in the offer letter. Can I take any legal action over this? How do I approach in this case?
P.S:- The company that I served in previously is in Secunderabad. I am currently working full-time in Bangalore.
AS PER THE INFROMATION YOU HAVE GIVEN IT IS ADVISABLE TO YOU TO REACH OUT TO THE ADVOCATE.
THANK YOU
Anonymous
Replied 11 months ago
Thank you for your response!
When the policy of the Company is not stipulated in the contract of employment, it has no applicability or any role to play in case you tender your resignation either in the probation period or being in a permanent roll. Further, in the absence of any bond executed affirming the tenure of compulsory service, the company can not apply or exercise the term of its hidden policy when an employee tenders his resignation.
Further in the absence of any certified Standing Orders of the Company, they also cannot apply the provision of said Act following the model standing order until and unless it is stipulated in the contract of employment.
So, in all fairness, it appears that the action of the Company denying your legitimate demand for the issue of relieving letter and experience letter on your resignation from the service in all respect be termed as Unfair Labour Practice if the matter is litigated upon before the appropriate authority under whose control or jurisdiction company falls. An Employer can neither force an employee or workman to retain under his company nor prevent him from a better scope or opportunity exploiting his career growth.
If the Company is registered under Shops and Establishment Act, the Chief Inspector of Shops and Establishment is the governing authority and in case the Company is a commercial establishment as defined under I D Act, the office of the Labour Commission concerned is the governing authority of the Comapany.
So for any cause of arbitrary action or unfair labour practice, you may reach out to the concerned governing authority for suitable redressal of your genuine grievance. I hope it is now possible on digital platforms.
Anonymous
Replied 11 months ago
Thank you! This is very helpful!
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