My Company Terminated me
8 months ago
My Company Terminated me and refusing to give Experience letter
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.]
No employer can deny to give experience letter to the employee.
You can send a legal notice to your employer for refusing to give experience letter.
First of all an employer cannot terminate an employee without a notice or pay in lieu of notice even in case of any disciplinary action when taken against a proven misconduct. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then they are to be given at least 1-month prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1)(a) of Industrial Dispute Act, 1947. So the action of the Company is amounted to victimization and unfair labour practice. So, in view of the above provision of law regarding termination if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law if you are terminated from the work that will be termed as illegal termination and unfair labor practice. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. If you are not a workman as defined u/s.2(s) of the Industrial Dispute Act you have to approach Civil Court for redressal of your grievance. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
No Leave Encashment - Worked for 18 plus years in the organization
Salary FnF not done
Shift Allowance
Notice period on probation period in company
Can a company deny experience-relieving letter for violating NDA
