Company Not Issuing Experience Letter Or Relieveing Letter.

Hi,

Its been almost 1yr now from my date of resignation and i haven't received my relieveing letter and experience letter.My notice period in the previous company was 2 months but i left the company on a very short notice of 5-7 days and afterwards whenever i try to talk to them they ignore it or they say that i am looking into that.In the clause its written that you have to serve 2 months notice period or have to pay the compensation for the same(as i rememeber, will comfirm regarding this.).So as per there clause i tried to convince them to take the compensation and release me but they say that we don't need the compensation which basically indicates that they are not willing to give me the releasing and experience letter.I even talked about the same with the MD of the company but he is saying that try conviencing the Proj. Manager. for the same.So what I am supposed to do.Is there any way out. Please help me regarding this.

Note:

1. Company's HR is of no use to talk with because i know the company very well. Company is good from work point of view but the management over there is very bad. They keep saying be professional but when its there turn they forget there own sayings.

2. I talked to all the concerned person over there.

3. I will be giving my last try for the same but before that i need suggestions from the forum so i can decide what todo or what not to do.

Thanks,

Ardhendu

Hi Ardhendu,
The company is bound to give your the exprience and relieving letter, if you are ready to pay the notice period as per the contract your signed.
QUOTE
Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IB : Model Standing Orders on Additional items Applicable to all Industries
1. Service record
Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age.
(ii) Certification of service : (a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement or resignation from service;
UNQUOTE
Write a letter to the MD and also the "Company Secretary" and inform them your wish to pay the "notice period: if required for the experience and relieving lette, or else you will b forced to go for legal course of action.
Ukmitra

Hi Ardhendu,
Why are they expressing reluctance when you are ready to pay the compensation? I understand from your comments that you are not flouting the clause and you can sue them.
You are not at all on wrong path, go to lawsuit and let your employer receive the legal notice. But before knocking the lawsuit you follow hierarchy in your organization and then lawsuit. And keep your fingers crossed on this.

Compensation in lieu of notice period is for the company to accept
Since they have not done that, and you have not served your notice period, I also assume ou did not do a hand over.
As such the company is not bound to give you a relieving letter or an experiance letter for that matter. Where is the question of a relieving letter to someone who left without notice.
The standing orders do not apply in this case as you have not followed the terms of employment as stated in your appointment letter.
You may go to,labour court (under which act ? Under what grounds ?). But I double if you will get relief as you are the person in default.
In any case, I am sure if your new employers were to do a reference check with the company they would get a bad reply and you will probably lose your job.

I am confused because of this only.You all right at your point and I have also thought of all this..So I am trying to find whether I do have any point in my favor or not.So lets see whether the suggestions provided by you all works in my case or not. Thanks all for your suggestion.
I needed someone to suggest me some way...

Hi Ardhndu,
What's so confusing?
If you want that certificate, without which you feel that you will have "no career in this world"; Go MAN get it whatever may come. Do whatever it requires, “Saam, Daam, Dand & Bhed”, remember Chanakya Neeti. I believe, everybody on this earth has the "chanakya neeti" in his being. Its just a matter of time, when you will use it.
OR else, just "Chak Dey such a certificate," which has spoiled your day and night on thinking how to get that. I myself don't have experience certificate of my 1st and 2nd ventures in life. If you have the skills and the aptitude in your work, no one can deny you work which is in your "Karma".
You always have the reason to say "Company did not issue you the certificate, inspite of your best efforts".
All the best and lets "take on life further".
Ukmitra

I go by Ukmitra comments. If one really have guts then he is accountable to all the tasks that come across him

Why you are raising this issue after ONE year of your separation? From your explanation, it is clear that you have not served the notice period and therefore, might not even have done the proper handover. In such case, you might have been declared as "being absconded" and hence no relieving or experience letter for you. You can request for the same but cannot demand it. HR of the company will appear useless to you because they are following the company policy and are not doing you the favor that you are expecting. Do you have any written communication, at the time of resignation, that states your willingness to pay in lieu of the notice period? In case you decide to file the case against the company, it will NOT go in your favor.

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