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Posted about a year ago
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Posted about a year ago

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Discussion > Labour & Service Law > Denial of issuing service/experience certificate by employer
Pages : 1
There are 4 Replies to this message
Rizwan Sait
o
[ Scorecard : 26]

My friend worked in a PSU company for around 5 years. He quit the job 6 months
back serving notice period of 3 months and stating the reason as "Personal
reasons". Now the company is denying to give his Service/Experience certificate
stating the ground that he has resigned on Personal grounds.
My query is
1. whether it is legal on the employer's part to do so?
2. to get the document, can we proceed legally?
Kumar Doab
FIN
[ Scorecard : 16906]


1. NO
2. YES

You have posted that Now the company is denying to give his Service/Experience
certificate stating the ground that he has resigned on Personal grounds.
Who has made this statement on behalf of company?
Is this statement in writing?
Employee should record such statements {audio/visual. Mobile is handy at
such times} and keep witness/evidence. The employee may try again,
approach these company personnel and let him/her make this statement again
in presence of witness and thus have evidence. Let some trade union
leader/advocate be present also.
Has the company provided a list of reasons of separation in its appointment
letter/ standing orders?
If not these company personnel littering nuisance be charged of vomiting and
spitting their wicked mindset and though at workplace.
Service conditions are expressed in standing orders/appointment letter.
Employer should display standing orders at notice board/near gate/entry and
make printed version available to employee against nominal charges say
Rs.10/.
As per provisions of IESO Act/Model Standing Orders;
SCHEDULE I
[1][MODEL STANDING ORDERS
16. Certificate on termination of service.--Every permanent workman shall be
entitled to a service certificate at the time of his dismissal, discharge or retirement
from service.

NOTE. - There is a provision under t his Act for issuing a service certificate at
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Denial of issuing service/experience certificate by employer http://www.lawyersclubindia.com/forum/Denial-of-issuing-service-exper...
1 of 3 6/4/2014 1:29 AM
Posted about a year ago
Posted about a year ago
Posted about a year ago
t he t ime of dismissal, discharge or ret irement and every person is entit led t o
t ake such certificat e.
17. Liability of 17[employer] .--The [2][employer] of the establishment shall
personally be held responsible for the proper and faithful observance of the
standing orders.
The employee may submit a representation addressed to good offices of appointing
authority, MD, Chairman, Company secretary narrating the representations made so
far mentioning the dates and names of company personnel and minutes of discussion,
and demand payment, correct FNF statement, correct last salary slip, form 16 as per
correct FNF statement, work experience/service certificate, relieving letter as per
correct period of service, PF a/c slips as per correct period of service, by redg. post
so as to reach you in say7days.
If the good offices also do not provide any relief you may approach a competent
and experienced labor consultant/service lawyer with copies of all documents and
record and you lawyer may ask you a set of structured questions and opine that
you fall within the category of workman. Designation alone does not decide
employee is a workman or not.
If the employee is not a workman he/she may have to agitate in a civil court.
The company may yield to legal notice of your lawyer or demand notice thru
conciliation officer, or the employee may have to approach court of law.
You may proceed under expert advice of your lawyer and as deemed fit at your end.
Valuable advice of learned experts/members is sought.

Attached File (downloaded 27 times) :
1058212053_model%20standing%20orders.doc
Rizwan Sait
o
[ Scorecard : 26]
Thank you Kumar Doab for your detailed reply. But my friend is not a workman.
He is an officer. If so how different the case may be?
Kindly give a reply.
Kumar Doab
FIN
[ Scorecard : 16906]

You may provide more details:
Is the denial of company issued by statement in writing?
Has the company issued acknowledgment of notice of resignation/resignation in
writing?
Has the employee submitted any representation in writing under acknowledgment
to good offices?
Has the employee signed any service agreement/bond with the company?
What would be the reason for denial by company as per assessment of the
employee?
Otherwise in employment contract employer mentions that services of employee
can be terminated without assigning any reason. Likewise employee can also
terminate the contract and may affirm to tender penalty if any e.g. notice pay
The employee may submit a representation addressed to good offices of appointing
authority, MD, Chairman, Company secretary narrating the representations made so
far mentioning the dates and names of company personnel and minutes of discussion,
and demand payment, correct FNF statement, Payment of FNF dues by bank DD,
Gratuity {submit FormI under acknowledgment}correct last salary slip, form 16 as
per correct FNF statement, work experience/service certificate, relieving letter as per
correct period of service, PF a/c slips as per correct period of service, by redg. post
so as to reach you in say7days.

If the good offices also do not provide relief the employee has again shown
character by trying to get relief amicably from internal mechanism of the
company.
As already suggested employee may approach a competent and experienced labor
consultant/service lawyer with copies of all documents and record and proceed under
expert advice of the lawyer. The company may yield to legal notice of your lawyer
or employee may have to agitate in a civil court.

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Denial of issuing service/experience certificate by employer http://www.lawyersclubindia.com/forum/Denial-of-issuing-service-exper...
2 of 3 6/4/2014 1:29 AM
Kumar Doab
FIN
[ Scorecard : 16906]


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Denial of issuing service/experience certificate by employer http://www.lawyersclubindia.com/forum/Denial-of-issuing-service-exper...
3 of 3 6/4/2014 1:29 AM