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tanuhegdekims@gmail.com
Hi,
I have a problem, i worked for a organisation in India for 11 years and now want to quit the company, my employer is refusing to give experience letter or releiving letter.what are the options i have. I worked in Bangalore.

From United States, Newark
Ashutosh Thakre
273

What are the reasons for them denying the experience letter that they have shared with you? Kindly give the exact details. Regards, Ashutosh Thakre
From India, Mumbai
tajsateesh
1637

Hello,
In addition to the query by Ashutosh Thakre, pl also mention these inputs.
1] Is your company in IT sector? If not, which sector?
2] Did you work for ALL the 11 yrs in B'lore/India OR was the period spread-out across countries? If the later, then where is your Headqtrs?
3] Are you an Indian Citizen or an Expat?
4] Have you completed the Notice Period in accordance to the Policy?
5] Do you have any sort of NDA/NCA signed with the Company?
More the inputs, better for the members to give actionable suggestions.
Prima-facie, no Employer can refuse giving the Experience/Relieving Letters--UNLESS there are any disciplinary issues involved.
Rgds,
TS

From India, Hyderabad
varghesemathew
912

There is no provision in the Factories Act or shops &commercial establishment Act of Karnataka to give experience certificate to employees .If your firm has a certified standing order which provides for exp:certificate then you are entitled for it .In other cases it is the discretion of the employer.
04712542059

From India, Thiruvananthapuram
tanuhegdekims@gmail.com
I worked for11 yrs in India came to US on H1 B visa.There was a agreement signed stating that i should work for 1 year. If i am changing in between i should compensate with Visa processing and relocation charges .
After coming here i found many opportunities and wanted a change after 6 months. i am ready to pay the charges and move on, but employer states its not the ethics and i am misusing it. He is refusing to give any papers though i worked for 11 yrs in India. If i go back to India in future any comp will ask for experience letter.

1.It is a IT comp. I worked in India for all 11 years.. In between i used to visit US on business visa for short terms.
2.It is a Bangalore based comp and only one office is there in Bangalore. I am a Indian citizen.
3. There was a agreement signed before relocating to US that i should stick to the company for 1 year, But i am ready to pay all the charges mentioned in the contract and changing after 6 months.
4. There was a contract between my employer and client company for 6 months this was a short project which is getting end in couple of days, my employer has to search a new project for me and till i am on bench he needs to pay me.I did not wanted all these complications and found a decent job here.
5.I am ready to pay 1 month of notice period.

From United States, Newark
tajsateesh
1637

Hello,

IF what you mentioned is true, my sincere suggestion is DON'T move before the completion of the 1 year period.

Having handled many H-1B cases earlier I know for sure that US Laws are far more stricter & faster & take notice of such transgressions much more seriously--which I think you too would be aware of. And US Companies as well as employees [consultants in your parlance] are known to go legal @ the drop of a hat.

I have seen a couple of such cases earlier [with our US partner Company] where the employee was sued for almost a similar situation he caused & finally had to pay damages of, I think, ~US$ 100 K with the added situation of the word spreading around with other employers.

As far as your line "After coming here i found many opportunities......." is concerned, this is the scenario world over [except, maybe, Europe & China], including India, in varying degrees. And this would also be the scenario EVEN AFTER you complete the 1 year period......for the simple reason that recession is surely not expected for the next few years.

Whether it's worth it to move in a hurry with the associated consequences is for YOU to figure-out.

Pros & Cons are there for every decision/option.....

All the Best,

Rgds,

TS

From India, Hyderabad
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