Hi,
I left my previous organization in September 2008 and did not serve the notice period as my new company wanted me to join as soon as possible. At that time, I did not take the experience letter. Recently, the previous company has been taken over by another company. 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, employees who did not serve the notice period will not be given any relieving letter.
Can you please advise if there is any such rule that allows a company to deny giving an experience letter/relieving letter to the employee? How can I pursue the case so that I can get my relieving letter?
Thanks & Regards, Amit Sood
From India, Mumbai
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1I left my previous organization in September 2008 and did not serve the notice period as my new company wanted me to join as soon as possible. At that time, I did not take the experience letter. Recently, the previous company has been taken over by another company. 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, employees who did not serve the notice period will not be given any relieving letter.
Can you please advise if there is any such rule that allows a company to deny giving an experience letter/relieving letter to the employee? How can I pursue the case so that I can get my relieving letter?
Thanks & Regards, Amit Sood
From India, Mumbai
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Hi Amit ji,
Every company does have its own policies. Regarding obtaining the experience letter, you can now personally approach the HR of that company or other seniors and request them to issue one.
Thanks,
Bijay
From India, Vadodara
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Every company does have its own policies. Regarding obtaining the experience letter, you can now personally approach the HR of that company or other seniors and request them to issue one.
Thanks,
Bijay
From India, Vadodara
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Hi Bijay,
There must be a law governing this issue; the government or law cannot simply leave it to the company's discretion. Can anyone suggest if there is a law against this?
Thanks,
From India, Mumbai
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There must be a law governing this issue; the government or law cannot simply leave it to the company's discretion. Can anyone suggest if there is a law against this?
Thanks,
From India, Mumbai
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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
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From India, Mumbai
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Hi Amit,
You can speak to your current HR person and explain to them that you were asked to join this company immediately, so you were not able to serve the notice period. As a result, the previous company is not providing the experience letter. It is always advisable to tell them the truth. In case they inquire about the years of experience, you could show them the salary slip or bank statement where your monthly salary was deposited.
Just a piece of advice: never leave without serving the notice period again, or you will face a similar problem.
Regards,
Anita
From India, Mumbai
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You can speak to your current HR person and explain to them that you were asked to join this company immediately, so you were not able to serve the notice period. As a result, the previous company is not providing the experience letter. It is always advisable to tell them the truth. In case they inquire about the years of experience, you could show them the salary slip or bank statement where your monthly salary was deposited.
Just a piece of advice: never leave without serving the notice period again, or you will face a similar problem.
Regards,
Anita
From India, Mumbai
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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 a new company, you are expecting them to issue an experience certificate! Why?
Your statement, "At that time I did not take the experience letter" - was the ball in your court. Even if you had wanted it then, it was the company that could negotiate, not you. I have never come across any such law but suggest waiting for others to shed some light on it. Otherwise, it is always a company policy that drives it.
From India, Ahmedabad
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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 a new company, you are expecting them to issue an experience certificate! Why?
Your statement, "At that time I did not take the experience letter" - was the ball in your court. Even if you had wanted it then, it was the company that could negotiate, not you. I have never come across any such law but suggest waiting for others to shed some light on it. Otherwise, it is always a company policy that drives it.
From India, Ahmedabad
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Dear Mr. Amit,
In my opinion, getting an experience certificate and a relieving letter is the 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 communications. If you still require further assistance, you can proceed to approach statutory bodies or labor courts.
With regards,
Patrick
From Qatar
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In my opinion, getting an experience certificate and a relieving letter is the 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 communications. If you still require further assistance, you can proceed to approach statutory bodies or labor courts.
With regards,
Patrick
From Qatar
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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 the notice period. Did they send you a claim notice for compensation? In case they have, that itself becomes proof of service rendered. If 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 kinds of policies of not issuing relieving letters are created by a crooked HR head and not by the CEO. There are numerous Supreme Court judgments 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, then 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 has 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 inquiry 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 be at the mercy of unscrupulous employers who do not have good practices.
From United+States, San+Francisco
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Hope this clarifies to you that you don't have to be at the mercy of unscrupulous employers who do not have good practices.
From United+States, San+Francisco
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Dear Amit,
Mr. Patrick and Mr. Rajesh are correct. No employer can have a policy that is arbitrary and prejudicial towards the future of an employee. At the same time, it must be an occasion for you to learn a lesson: that you have to keep the commitment that you make with employers.
Best of Luck,
Arul Manickam
Aakkam Consultants
From India, Chennai
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Mr. Patrick and Mr. Rajesh are correct. No employer can have a policy that is arbitrary and prejudicial towards the future of an employee. At the same time, it must be an occasion for you to learn a lesson: that you have to keep the commitment that you make with employers.
Best of Luck,
Arul Manickam
Aakkam Consultants
From India, Chennai
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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 his 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, a contract of service is created. An appointment letter is sufficient to draw the inference of a 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 employer hires employees to run the activities of his business in an uninterrupted manner. For this reason, it is a widely accepted practice in the industry that a 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, the employer has to face a lot of difficulties to efficiently carry out his business activities. In such circumstances, it becomes clear that the employer is put to hardships and inconvenience by such acts 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 the 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 views of Ms. Anita and Mr. Hiral.
With good wishes to all.
C.M. Lal Srivastava
Email: srivastavacmlal@gmail.com
Phone: 9818680671
From India, New Delhi
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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 his 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, a contract of service is created. An appointment letter is sufficient to draw the inference of a 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 employer hires employees to run the activities of his business in an uninterrupted manner. For this reason, it is a widely accepted practice in the industry that a 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, the employer has to face a lot of difficulties to efficiently carry out his business activities. In such circumstances, it becomes clear that the employer is put to hardships and inconvenience by such acts 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 the 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 views of Ms. Anita and Mr. Hiral.
With good wishes to all.
C.M. Lal Srivastava
Email: srivastavacmlal@gmail.com
Phone: 9818680671
From India, New Delhi
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