Can i complain against my former employer for not providing proper experience letter
8 months ago
My former employer didn't gave a proper experience letter i resigned due to mental harassment of my superior instead of taking action against him the management accepted my resignation... Can i file a complaint that superior and the management?
On cessation of employment irrespective of grounds of cessation, an employee is entitled to get an experience certificate from his ex-employer who is duty-bound to issue an experience/relieving certificate along with other service linked benefits. But when an employee left the Company without serving a notice period as per the terms of employment that may be treated as a breach of contract and Company can initiate legal action against the employee for breach of contract claiming compensation for damages caused to the Company and can withhold your service linked benefits including the issue of experience/relieving certificate. Breach of contract on the part of the employee puts a stigma in his service career and an experience certificate fixing such a stigma may not serve any purpose of an employee in the rest period of his career. So, in the prevailing situation, try to negotiate with the Company to get a clean experience certificate that may meet your purpose in the long run.
You can lodge a complaint against your employer at the police station.
It is every employee's right to receive an experience certificate.No employer can deny the experience certificate to his employees. You can issue a legal notice to the employer.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]