Hi,
I left my previous organization in Sept 2008 and did not served the Notice period as my new company wanted me to join asap. At that time I did not took the experience letter. Recently the previous company has been taken over by another company and now when I am trying to contact them for the experience letter and am ready to pay the recoveries as per the policy, I am being told that as per the new policies the employees who did not served the notice period will not be given any releiving letter.
Can you please advise if there is any such rule which allows a company to deny giving an experience letter/releiving letter to the employee. How can I pursue the case ahead so that I can get my releiving letter.
Thanks & Regards,
Amit Sood
From India, Mumbai
1I left my previous organization in Sept 2008 and did not served the Notice period as my new company wanted me to join asap. At that time I did not took the experience letter. Recently the previous company has been taken over by another company and now when I am trying to contact them for the experience letter and am ready to pay the recoveries as per the policy, I am being told that as per the new policies the employees who did not served the notice period will not be given any releiving letter.
Can you please advise if there is any such rule which allows a company to deny giving an experience letter/releiving letter to the employee. How can I pursue the case ahead so that I can get my releiving letter.
Thanks & Regards,
Amit Sood
From India, Mumbai
Hi Amit ji,
Every company does have their own policies.As regards to obtaining the exp letter is concerned, you can now personally approach hr of that company or other seniors and request them to issue the one.
Thanks
Bijay
From India, Vadodara
Every company does have their own policies.As regards to obtaining the exp letter is concerned, you can now personally approach hr of that company or other seniors and request them to issue the one.
Thanks
Bijay
From India, Vadodara
Thanks Bijay,
But Still there must be some law governing the same, the government / Law cannot just leave this issue at the companies discretion.
Can anyone suggest if there is some law against the same.
Thanks,
From India, Mumbai
But Still there must be some law governing the same, the government / Law cannot just leave this issue at the companies discretion.
Can anyone suggest if there is some law against the same.
Thanks,
From India, Mumbai
Hi, Mostly in all companies, the employees who dont serve proper notice period, is not been given Experience Letter / Relieving letter by the employer.
From India, Mumbai
From India, Mumbai
Hi,
Amit you can speak to your current HR person and explain to them that as you were asked to join this company immediately so you were not able to serve the notice period, as a result the previous company was not giving the experience letter. It is always advisable to tell them the truth.
Incase they want to know the year of experience then you could show them the salary slip or bank statement, where your monthly salary was deposited
Just an advice, never leave without serving notice period again or you will face similar problem.
Regards
Anita
From India, Mumbai
Amit you can speak to your current HR person and explain to them that as you were asked to join this company immediately so you were not able to serve the notice period, as a result the previous company was not giving the experience letter. It is always advisable to tell them the truth.
Incase they want to know the year of experience then you could show them the salary slip or bank statement, where your monthly salary was deposited
Just an advice, never leave without serving notice period again or you will face similar problem.
Regards
Anita
From India, Mumbai
Dear Amit,
I feel your expectation is wrong. Let us analyze;
1. Left in September 2008
2. Did not serve notice
3. Did not pay notice amount then
4. After 4+ years when the same company is being acquired by new company, you are expecting them to issue experience certificate!!?? Why??
Your statement, "At that time I did not took the experience letter" - was the ball in your court. Even if you would have wanted then, it was company who could negotiate & not you.
I have never come across any such law but suggest wait for others to throw some light on it. Else it is always a company policy that drives it.
From India, Ahmedabad
I feel your expectation is wrong. Let us analyze;
1. Left in September 2008
2. Did not serve notice
3. Did not pay notice amount then
4. After 4+ years when the same company is being acquired by new company, you are expecting them to issue experience certificate!!?? Why??
Your statement, "At that time I did not took the experience letter" - was the ball in your court. Even if you would have wanted then, it was company who could negotiate & not you.
I have never come across any such law but suggest wait for others to throw some light on it. Else it is always a company policy that drives it.
From India, Ahmedabad
Dear Mr.Amit,
In my opinion getting experience certificate & relieving letter is basic right of every employee or ex-employee. No one has the right to spoil your future by denying these documents. You can approach your previous company in writing, please maintain all the communications. if you require still to go ahead & approach statutory bodies / labour courts.
with regards
Patrick
From Qatar
In my opinion getting experience certificate & relieving letter is basic right of every employee or ex-employee. No one has the right to spoil your future by denying these documents. You can approach your previous company in writing, please maintain all the communications. if you require still to go ahead & approach statutory bodies / labour courts.
with regards
Patrick
From Qatar
You are within your right to demand an experience letter and also resign without serving the notice period and compensate by surrendering the leave or money in lieu of notice period. Did they send you a claim notice for compensation.and in case they have, that itself becomes proof of service rendered. In case they have not, then send them a letter seeking full and final settlement. They will lay their claim. In case they do not, then send them a legal notice seeking full and final settlement stating the period of service rendered. Normally employers would respond to the legal notice when sent to the CEO of the company.. Since you are willing to pay, and they have not sent you the full and final settlement statement, you are within your rights to claim that. Many times, these kind of policies of not issuing relieving letters are created by a crooked HR head and not by the CEO. There are numerous Supreme Court judgements stating that the full and final settlement has to be made within 15 days of leaving the service. And full and final settlement means the company has to give a statement of accounts and if any due is there from the employee, ten the claim needs to be made. Once the settlement is made by way of payment by the employee, then the company has to issue the service certificate. The honorable Supreme Court as also mentioned that the employer can only give the extract of the service record and cannot qualify their negative opinion of an employee in the service certificate without a due process of enquiry as per law, since merit is an opinion and need not be a fact.
Hope this clarifies to you that you don't have to e at the mercy f unscrupulous employers who do not have good practices.
From Indonesia, Jakarta
Hope this clarifies to you that you don't have to e at the mercy f unscrupulous employers who do not have good practices.
From Indonesia, Jakarta
Dear Amit Mr. Patrick and Mr.Rajesh are correct. No employer can have policy that is arbitrary and prejudicial towards future of en employee. At the same time it must be an occasion for you to learn l lesson that you have to keep the commitment that you make with employers.
Best of Luck
Arul manickam
Aakkam Consultants
From India, Chennai
Best of Luck
Arul manickam
Aakkam Consultants
From India, Chennai
Dear Mr Amit,
And All Contributors to this Thread,
Greetings in the New Year 2013.
The issue raised by Mr Amit is that he left the services of previous company without giving any notice in 2008, and now in the year 2013 he needs an experience certificate from the previous employer. I will try to explain the rules based on the principles of Natural Justice;
When a person joins the service in a company then a contract of service is created. An appointment letter is sufficient to draw the inference of contract. An employee during the period of service is required to follow the conditions of service whether written or implied. Since Mr Anil has himself stated that he did not serve the notice, then it is evident that Mr Amit was aware of the conditions of service. Mr Amit has violated the conditions of service by not serving the notice and leaving the service of the previous employer. It is to be remembered that an emloyer hires the employees to run the activities of his business in an uniterrupted manner. And for this reason it is a widely accepted practice in the industry etc that condition is laid down for one month's notice or salary in lieu thereof when an employee wants to leave the service. In the event when an employee leaves the job without due notice, then the employer has to face a lot of difficulties to efficiently carry out his business activities. In such circumstnaces it becomes clear that employer is put to hardsips and inconvenice by such act of employees. Therefore Mr Amit will not be justified to adopt any legal course as suggested by one of the contributors.
The other suggestion is also not legally sound that Mr Amit may demand settlement of accounts from the previous employer. Mr Amit left the service in the year 2008. It is now more than four years and claiming settlement of accounts may attract law of limitation. Not only this, the employer may claim damages and interest on the amount in lieu of notice. The amount of damages will be substantiated by the employer.
In the context of circumstances explained above, I would suggest that Mr Amit may make a request on humanitarian grounds for getting an experience certificate from the previous employer. The law will not help him, but put him in more hot waters.
I appreciate the view of Ms Anita and Mr Hiral.
With good wishes to all.
C.M. LAL SRIVASTAVA
9818680671
From India, New Delhi
And All Contributors to this Thread,
Greetings in the New Year 2013.
The issue raised by Mr Amit is that he left the services of previous company without giving any notice in 2008, and now in the year 2013 he needs an experience certificate from the previous employer. I will try to explain the rules based on the principles of Natural Justice;
When a person joins the service in a company then a contract of service is created. An appointment letter is sufficient to draw the inference of contract. An employee during the period of service is required to follow the conditions of service whether written or implied. Since Mr Anil has himself stated that he did not serve the notice, then it is evident that Mr Amit was aware of the conditions of service. Mr Amit has violated the conditions of service by not serving the notice and leaving the service of the previous employer. It is to be remembered that an emloyer hires the employees to run the activities of his business in an uniterrupted manner. And for this reason it is a widely accepted practice in the industry etc that condition is laid down for one month's notice or salary in lieu thereof when an employee wants to leave the service. In the event when an employee leaves the job without due notice, then the employer has to face a lot of difficulties to efficiently carry out his business activities. In such circumstnaces it becomes clear that employer is put to hardsips and inconvenice by such act of employees. Therefore Mr Amit will not be justified to adopt any legal course as suggested by one of the contributors.
The other suggestion is also not legally sound that Mr Amit may demand settlement of accounts from the previous employer. Mr Amit left the service in the year 2008. It is now more than four years and claiming settlement of accounts may attract law of limitation. Not only this, the employer may claim damages and interest on the amount in lieu of notice. The amount of damages will be substantiated by the employer.
In the context of circumstances explained above, I would suggest that Mr Amit may make a request on humanitarian grounds for getting an experience certificate from the previous employer. The law will not help him, but put him in more hot waters.
I appreciate the view of Ms Anita and Mr Hiral.
With good wishes to all.
C.M. LAL SRIVASTAVA
From India, New Delhi
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Relieving & Experience Letter.doc