I was terminated from my current employment due to a info security violation which i was not voluntarily part of during Covid lock down. My credentials were blocked and my laptop was taken too for security check. I was asked to give written explanation which i did and also shared my bank statements when asked to show i didn't receive any financial benefit. After 3 months today i was issued termination letter and was told they cant issue any relieving letter/experience letter due to company policy.I am afraid with it my future employment chances are in doubt.
Can i at least expect an experience letter stating my tenure with the company?
Can i divulge this thing and try for future jobs in India with termination letter from a previous employer?
From India, Vijayawada
Can i at least expect an experience letter stating my tenure with the company?
Can i divulge this thing and try for future jobs in India with termination letter from a previous employer?
From India, Vijayawada
Dear friend,
You had violated the company's norms of data security. Considering this as misconduct, your company initiated disciplinary action against you and the punishment awarded was termination. Therefore, this closes the matter.
However, misconduct itself and the issue of an employment certificate on separation are independent. Therefore, I recommend you write a letter to the MD of the company stating that the termination from the services is the highest punishment and the issue of the service-cum-experience certificate with negative remarks will be over and above the first punishment. It will be an indirect but graver punishment than the original punishment itself as it will deny you future employment opportunities. Awarding a double punishment for the same misconduct is against the principles of natural justice. There can be only one punishment for one misconduct as per the Indian jurisprudence.
An experience letter with negative remarks can be issued only if the employee is terminated on the grounds of moral turpitude. Your misconduct does not come under the category of "moral turpitude".
If the company officials remain defiant then I recommend you approach the labour office of your area and file a complaint for their failure to issue you the experience certificate. Please note that I am recommending filing a complaint in the labour office and not with the labour lawyer.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
7879You had violated the company's norms of data security. Considering this as misconduct, your company initiated disciplinary action against you and the punishment awarded was termination. Therefore, this closes the matter.
However, misconduct itself and the issue of an employment certificate on separation are independent. Therefore, I recommend you write a letter to the MD of the company stating that the termination from the services is the highest punishment and the issue of the service-cum-experience certificate with negative remarks will be over and above the first punishment. It will be an indirect but graver punishment than the original punishment itself as it will deny you future employment opportunities. Awarding a double punishment for the same misconduct is against the principles of natural justice. There can be only one punishment for one misconduct as per the Indian jurisprudence.
An experience letter with negative remarks can be issued only if the employee is terminated on the grounds of moral turpitude. Your misconduct does not come under the category of "moral turpitude".
If the company officials remain defiant then I recommend you approach the labour office of your area and file a complaint for their failure to issue you the experience certificate. Please note that I am recommending filing a complaint in the labour office and not with the labour lawyer.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
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Relieving & Experience Letter.doc