Legal Question in Employment Law in India

Company not giving me Work Experience Certificate:

I am an architect and have worked with B.Mehtalia Consultants Pvt Ltd on retainership basis for 7 years. i quit my job in Nov 2009.

My contract stated that " Your services to our Company will be on a retainer basis starting from 14/03/2003. This relationship can be terminated by either party by giving 30days notice. Either party can terminate this agreement by one day Notice in first three months. No leave benefits shall be given during this three months of your retainership."

This contract was never renued as the term end was never specified. All the employees in the organisation were on retainer basis right from top management to draughtsman. Although the word "fulltime" is not mentioned in the contract we functioned like any employee in any other organisation on fulltime basis. We were given 2.5days mthly leave, accident insurance benefits and we were required to fill timesheet at the end of the month. My salary was a total package with no concept of basic and gross salary and we didnt have extra perks or benefits. I was paid service tax over and above my agreed package.

The problem is that now I am filing my immigration application to Australia and Canada and require work experience certificate from the company with details of tenure, work hours, reporting to, duties and roles and responsibilities, salary etc on company letterhead. My company has been making up some excuses or the other and avoiding in giving me this work experience certificate which I so badly need. They are also not giving me anything in writing that I worked with them fulltime. I dont want to spoil relations with them because I have 7yrs work experience with them and require all future references from them for immigration as well as future jobs.

I am feeling really helpless as the company is just dodging me from past 4.5mths. Please advice me what action can I take against the company.

Thanks and Regards,

Tasneem.


Asked on 2/08/11, 4:28 am

1 Answer from Attorneys

Well there seems to be a problem.

What I could understand from your write up is that you are an Architect and was providing your services to the company. Service tax was paid to you on the total yearly package.

under these circumstances I am afraid to say that you were merely a service provider for the company and they were service recipients. As they were paying you the service tax over and above your package , then you are also liable for Service tax payment to the revenue department.

Show us copy of the contract you had with the company. Company has been very clever with the people working for them .

Regards

Can send the copy of contract on [email protected]

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Answered on 2/08/11, 10:57 pm


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