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How to get settlement dues and experience certificate from employer


01-Jan-2023 (In Labour & Service Law)
Sir I worked in healthcare organization from last 9 years as Assts. Billing Manager. Suddenly my management fired me for some other employee unethical work and irregularities in stocks . They just gave me verbal information that tomorrow onwards I am not allowed in office. As I worked long time there and without any prior intimation I fired from my job with clearing full and final settlement that include ( one month advance salary, one and half months salary pending towards them and experience ceritificate ) gratuity if I am eligible for it. After so many times contacting hr manager.Even officially I do not resign from my post . All this incident took place 3 months ago. Sir please advise me about what steps I need to take . please also advise me whether I should officially resigned from post or not.
Answers (3)

Answer #1
509 votes
You should officially resign from the post so that you can be relieved from your job profile and no objection and no dues clearance can be provided to you. With your resignation you will also be entitled to receive experience certificate, full and final settlement which will help you to find out a new job.
Otherwise wherever you will go if your previous employer gets a call to confirm your job performance and other things they will always get a negative review and hence you won't be able to find out job at any place.
Answer #2
608 votes
Firstly, give them a legal letter about their wrong step towards you.
Secondly, yes you are also eligible for gratuity as you have completed more than 5 years in the same organisation.
Thirdly, if they do not turn out to be serious about your demands then file a labour case against them at labour court.
Can consult for further assistance if like my answer.
Answer #3
766 votes
There is no question of resigning from the post since your services have been terminated. However whether your termination is proper or not shall depend upon the terms of your employment contract, basis that you may challenge your termination/ file a suit for recovery of the amount due to you.

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