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Previous company not furnishing the experience and relieving letter
06-Jan-2023 (In Labour & Service Law)
Hi, I have got an opportunity in new organization and they want all past employment experience or relieving letter. In 2015 I was working in consultancy which was a small firm, when I resigned they were not ready give me my LWD, I recruited, trained & gave handover to my replacement still they told me they won't give me d letter as I don't complete 1 yr with them which was unfair. I decided to leave d company due to such circumstances after serving 14 days notice period and my notice was 1 month. And they dint pay my last month's salary too. Now I want d letter from them , how do I get it? Should I email them? I have my right to ask for it legally? Please suggest me the procedure. I was working at executive level. They have released also my PF amount when I asked them for it , will that help to me to show my employment as proof?
If your designation is not managerial or supervisory level, then you can submit a complaint to the area Assistant Labour Commissioner seeking the experience letter. The termination letter issued by the management itself amounts to the relieving letter, and the management will not provide separate relieving letter as they have terminated your services as punitive measure.
If you are aggrieved about the way of termination that without any fault of yours they terminated your services without affording you any opportunity to prove your innocence, you can file statement of claim before the above said Assistant Labour Commissioner for reinstatement of your services.
If your job is managerial level, then you are beyond the jurisdiction of the Labour Department and Labour Courts and your grievance can be redressed by filing appropriate civil suit before the Civil Court.
If you are aggrieved about the way of termination that without any fault of yours they terminated your services without affording you any opportunity to prove your innocence, you can file statement of claim before the above said Assistant Labour Commissioner for reinstatement of your services.
If your job is managerial level, then you are beyond the jurisdiction of the Labour Department and Labour Courts and your grievance can be redressed by filing appropriate civil suit before the Civil Court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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