# Problem in getting third party Statutory Declaration from a work colleague



## anuswamy (Feb 11, 2013)

Hi,

I am facing issues in getting third party Statutory Declaration from a work colleague from my current employment as they are a bit worried about signing a legal document and as I had not yet resigned from my current organization am not able to ask for an employment reference also so in this case I am not able to proceed.

Please provide your valuable suggestions.

Thank you


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## UdayBASIS (Dec 24, 2012)

Hi,

Which organization are you working for?

I mean, I was also under the opinion that the organisation might think otherwise, while asking for Employment reference letter. But you know what, got the letter in flat 5 days after applying for.

And most Organizations provide them. May be you would need to be honest with your Manager and so.

if Employment reference letter is not possible, then only choice is Stat Decl. Convince your work colleague that, it is not of any binding nature and, just he is certifying for your employment, which is a matter of fact.

BR,
Uday


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## anuswamy (Feb 11, 2013)

Thanks Uday for the reply, that will be useful, but today I got an email from ACS as mentioned below (I applied for ACS Skill Assesment on 06-MAR-2013)

"Please upload the following documents:
.Certified copy of detailed employer references - documents attached are not meeting our criteria

Each employment reference must contain:
Start & Finish Dates of Employment
Description of Duties Performed
Hours worked - Full time or Part time
Country where Employment was Completed
Company Letterhead and signed by the author"

I had provided information for all my 3 previous companies and the 4th current one

For 1st Company, I prepared Self statutory declaration on Stamp paper and managed to collect a reference letter from my Senior Colleague on a plain paper.

For 2nd Company and 3rd Company, I got Employment Reference on company letter head from HR department.

For 4th Company, I prepared Self statutory declaration on Stamp paper and managed to collect a reference letter from my Senior Colleague on a plain paper.

So now I wanted to know in the above case for which Company/Companies do I need to submit the employment references as from the mail am not able to figure out. 

Thanks


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## django (Feb 5, 2013)

I think there might be 2 issues here. One looks more obvious. Self statutory declarations are not accepted by ACS. I do read that you have also provided a reference letter from your colleague which is more important. This has to come as a "third party" statutory declaration. Meaning, your colleague should write this indicating all the facts ACS is looking for - 


> Each employment reference must contain:
> Start & Finish Dates of Employment
> Description of Duties Performed
> Hours worked - Full time or Part time
> ...


In the guideline they have also mentioned that it should preferably be from a senior colleague, so remember to have the working relationship also mentioned in this declaration.

Now not so obvious part (for me of course) is the employment reference which you got from the HR directly. Most of the reference letters or experience letter do not carry the roles and responsibilities in them. If this was missing, then the letter was not of much help. Personally it took me a month to get these documents from my previous companies with these details.


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## anuswamy (Feb 11, 2013)

For those two references which I got for my 2nd and 3rd Company from the HR department clearly mentioning my roles and responsibilities apart from other details, but one thing I noticed in both the reference letters that "Country of Employment" in not mentioned explicitly in the reference letter.... however one of the company's letter head contains address in which India is mentioned and the other company's letter head does not mentioned India in the address.

So my query is does it really mandatory to explicitly mention the "Country of Employment" in both company provided reference letters as well as Statutory declarations.


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## django (Feb 5, 2013)

I have submitted one of the references provided by the company on its letter head which does not explicitly state my employment location. However the letter head contains the company address in them.
The rest of them since I had requested the companies to provide me with a fresh reference letter, I got the location explicitly included as a statement in the letter. 
But I feel it should have company address indicated at least some place.


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## UdayBASIS (Dec 24, 2012)

django said:


> I have submitted one of the references provided by the company on its letter head which does not explicitly state my employment location. However the letter head contains the company address in them.
> The rest of them since I had requested the companies to provide me with a fresh reference letter, I got the location explicitly included as a statement in the letter.
> But I feel it should have company address indicated at least some place.


Hi Anu,

1) Provide a Third Party Statutory Declaration for the 1st and the fourth Company, from a Senior Colleague.
2) It does not matter much as to, 'Employment Location must be mentioned' - Even my Employment reference letter was not mentioning the same, and ACS accepted.
3) HR Letters for Employment reference are very much sufficient, since it would generally have the contact address & Contact numbers.

Let me know, if you still are facing difficulty in proceeding forward.

BR,
Uday


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## anuswamy (Feb 11, 2013)

Hi 

I have a few queries.

1) my 1st Organization has been taken over by another organization and am unable to get employment reference letter from my Senior Colleague. he is a bit worried as my 1st Organization does not exist any more. In this case what can I do?

2) same is the case with my current Organization Senior Colleague hi is hesitant about what if ACS approach my current organization and than my current organization will approach my Senior Colleague that how he acted on behalf of the Organization. So I want to know if ACS really cross check and verify.

3) for the point "Hours worked - Full time or Part time" do we need to mention "09:00 AM to 06:00 PM" or "8 hours / 9 hours" or just "FULL TIME" will do?

Thanks


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## UdayBASIS (Dec 24, 2012)

anuswamy said:


> Hi
> 
> I have a few queries.
> 
> ...


Hi,

Answers herewith:

1) Add a statement in the Stat Decl, that the organization which you worked for, was taken over by another organization and merged with it during the year <XXXX>. This would more than do.

2) If a Stat Decl is provided, ACS & DIAC, if they check, then they would directly contact the person who provided the Stat declaration. Not thru the company. In your case, think, if you really needed this experience to be shown for points claim (Like current tenure is very much required to prove for 5,8 years of experience). If not, You can do away with the current tenure. I did so, since I joined my current company very recently and did not want to jeopardise my growth.

3) It can either have *hours / week*, or *Full time* explicitly stated in the proof. 

BR,
Uday


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## django (Feb 5, 2013)

My case was also the same. 2 org where I worked, well were not taken over, but they became new entities. Simply put, they now had new names from when I had worked.
I approached both the new companies for reference letter.
One company provided me with the reference letter on their new letter head but also stated what they were known earlier while I worked. I see that Uday has also recommended this and my document was accepted by ACS.
The other company was not so generous as the HR was reluctant to give me the letter on their new company letter head since I had worked in the earlier org.

I simply chose to ignore that experience as all this process had already taken quite a lot of time and I have sufficient experience even without this (luckily).

You may also approach any senior colleague who worked with you in that company and ask for a declaration. It can contain the earlier company name itself. The declaration is a truth document provided by a 3rd person and as long as it is stating thus, there should be no problem. This will be accepted by ACS. For DIAC you may also furnish other supporting documents like appointment letter, payslips etc to support your claim.


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## anuswamy (Feb 11, 2013)

Thanks to both of you for the reply and suggestion well am in discussion with my senior from whom I can get the required document


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## tan10 (Nov 13, 2016)

Hi,

For my previous companies can I get statutory declaration done by my current company colleague? 
Or does each company statutory declaration should be done by same company's colleague. 
If I have worked for 7 companies do I need to catch 7 colleagues in total one form each company?

Is it fine to get statutory declaration done by ex-colleague for current company and is it fine to get statutory declaration done by ex-colleague for all previous company?

Thanks in advance!!


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## bharat.rameshwar (Dec 14, 2015)

You have to get the declaration from a colleague who worked with you in that company during the timeframe when you worked there. 


Sent from my iPhone using Tapatalk


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## tan10 (Nov 13, 2016)

bharat.rameshwar said:


> You have to get the declaration from a colleague who worked with you in that company during the timeframe when you worked there.
> 
> 
> Sent from my iPhone using Tapatalk


Thanks a lot for information. 
Just want to confirm once again, this means it suffice if the colleague has worked with me in the time frame when I was working with the organisation. It does not matter if he is no more with the same organisation at present when he is doing the declaration.

One more question, in statutory declaration form the ex-colleagues details like
Position: 
Contact No: 
Mobile No: 
Duration: From …. to Till Date

are also required. Should this be his present company details or the details of the company for which declaration is being done.

Thanks.


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## bharat.rameshwar (Dec 14, 2015)

tan10 said:


> Thanks a lot for information.
> Just want to confirm once again, this means it suffice if the colleague has worked with me in the time frame when I was working with the organisation. It does not matter if he is no more with the same organisation at present when he is doing the declaration.
> 
> One more question, in statutory declaration form the ex-colleagues details like
> ...



Exactly. The colleague can also be at a different organisation now. 
The details should be his current company's details.

This is how I had done it, and it went through with ACS.


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## inognito (Jul 10, 2013)

Hello, 


I have already done ACS skill assessment before in year 2013.

Now , I want to apply for ACS skill assessment again. 

When i was trying to upload my documents , my last assessment documents are still present .

Do i need to upload all the documents again ?

please advice.


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## NB (Mar 29, 2017)

inognito said:


> Hello,
> 
> 
> I have already done ACS skill assessment before in year 2013.
> ...


Other then education documents, I presume all,others would require to uploaded afresh

So it would be better if you upload the entire set again

You can also call email to ACS and ask for a clarification.they are very efficient and generally reply within a day

Cheers


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## inognito (Jul 10, 2013)

Yes newbienz, ACS people are very efficient. I asked them , they replied. 
I have uploaded rest of the documents which were not present there , as suggested by ACS.

Thanks






newbienz said:


> Other then education documents, I presume all,others would require to uploaded afresh
> 
> So it would be better if you upload the entire set again
> 
> ...


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