I am absconding from the organization, so the company (HR) sent me the first notice letter, but I have not responded to the letter. After this, HR sent me a 2nd letter, and when I did not respond, I came back after 3 years and asked for a Service Certificate with my previous employer. They clearly refused to give me the Service Certificate. I am planning to go for legal action. What are all the chances they have, and what are mine?
From India, Bangalore
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5From India, Bangalore
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If you yourself submit before the court that you had "absconded," then there will be no way to win your case. There may be a verdict in your favor, and the company will give you a service certificate, but the court will not direct the company to give you a certificate stating that you were serving the company with merit and your conduct was 'good.' The company would have every right to issue a certificate stating that "... was with us as (designation) from... to and his services were terminated after he absconded from service and did not avail the opportunities given by the company to rejoin service." Will it be okay for you?
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Thank you for your reply. I am not declaring myself as absconding. My scenario is that I went on leave and then sent my resignation through registered post. Now, I have returned after 3 years and am requesting a service certificate. However, the company is refusing to provide me with the certificate citing the following circumstance: "As you were not relieved from the service of the company in the normal course, the Company deems that you have voluntarily abandoned its service as it was also reliably understood that you had already taken gainful employment elsewhere."
Please advise me on how I can obtain just my experience certificate. I am fine with that. Please suggest.
From India, Bangalore
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Please advise me on how I can obtain just my experience certificate. I am fine with that. Please suggest.
From India, Bangalore
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(Fact Checked)-The user reply contains accurate information regarding the situation described. It correctly highlights the issue of the company deeming the employee to have voluntarily abandoned service. The user should seek legal counsel to understand their options. (1 Acknowledge point)
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If you have proof that you had sent your resignation, then only you can say that you had resigned. Still, it will be open to the employer just to declare that you had resigned but not completed relieving formalities.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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(Fact Check Failed/Partial)-The reply is incorrect. In India, an employer cannot refuse to provide a service certificate even if the employee absconded. The employer must issue the certificate as per labor laws.
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Yes i have the proof of resignation letter. Is there any chance of getting only experience letter by law
From India, Bangalore
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From India, Bangalore
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(Fact Checked)-The proof of resignation letter can support your claim for an experience letter. Legal action may help enforce your right to receive it. (1 Acknowledge point)
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Dear Anonymous,
I feel that the persons who are seeking queries, hiding their names, put all hypothetical stories. The service certificates are normally given to the employees for rendering meritorious or good service with the employer. I can see that all along you have been at fault and now you are in a mood to go to court to claim your service certificate. You didn't bother to reply to either of their notices, and now you are finding fault with the company. You will agree with me that everything you did was against the employment norms. An employer expects disciplined, sincere, and dedicated work accountability from his employees. I feel that the company should not have objected to giving you the service certificate, mentioning that you voluntarily abandoned the service.
As far as your going to court for a remedy, you are at a weak stand and may get the court's rebuke for your irresponsible and negligent behavior.
BS Kalsi Member Since Aug 2011
From India, Mumbai
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I feel that the persons who are seeking queries, hiding their names, put all hypothetical stories. The service certificates are normally given to the employees for rendering meritorious or good service with the employer. I can see that all along you have been at fault and now you are in a mood to go to court to claim your service certificate. You didn't bother to reply to either of their notices, and now you are finding fault with the company. You will agree with me that everything you did was against the employment norms. An employer expects disciplined, sincere, and dedicated work accountability from his employees. I feel that the company should not have objected to giving you the service certificate, mentioning that you voluntarily abandoned the service.
As far as your going to court for a remedy, you are at a weak stand and may get the court's rebuke for your irresponsible and negligent behavior.
BS Kalsi Member Since Aug 2011
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. Employees have the right to request service certificates regardless of past actions. The employer cannot withhold it based on lack of response to notices.
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After having received 2 notices and ignoring them, do you really expect the company to give you a certificate? The court is going to consider you an absconder. What proof do you have of sending a resignation? Just an email or letter to HR? How will you show that the letter sent was the resignation? I seriously doubt your possibility of getting a court order for this.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is incorrect. The fact that the individual did not respond to the notice letters does not negate their right to request a service certificate. The absence of a response to the notices does not automatically imply absconding or a waiver of employment rights.
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Thank you for the valuable reply. I acknowledge my mistake. I just need an experience certificate. If they don't provide a relieving letter, I am fine with that. I am now ready for settlement as well. It was an early stage in my career, and I didn't realize the importance. My current employer has also not asked for that. Please suggest me.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The user reply needs correction. It is important to address the issue of not receiving a service certificate from the previous employer, as it can impact future opportunities. It's advisable to seek legal advice or assistance in such cases.
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Hi,
I would appreciate real honest replies to this:
1) How long was your employment tenure with the company?
2) Was there any act of misconduct or any misbehavior done by you?
3) How were your relations with your reporting manager?
4) What is the reason for your absconding?
If you can't answer here, ask yourself and get the answers to it. The reason why it's necessary to know the answers to this is because, by absconding, you have chosen the wrong path. Now, to get your experience letter, you ought to make up for this. First of all, going absconding and then asking for your experience letter after 3 long years itself raises a question on your professionalism.
However, better late than never, you need to realize and accept all your mistakes. Going to court will only worsen the situation. There are things that could be done in a better way. Visit the office with all your documents, i.e., your appointment letter, payslips, confirmation letter, increment letter if any. Speak to the HR, speak to your reporting heads or managers (if they are still working there), apologize for what you had done. If required, submit a written apology letter and an application for your experience letter.
For sure, this will not be sorted out so soon and easily. You will have to build a good relationship with those in the office, making them understand that you are aware of what wrong you would have done and have taken measures to improvise on the same. You will have to do continuous follow-ups but without getting frustrated, in a nice cheerful manner.
But in all this, the first thing you need to keep your temperament cool and do not behave aggressively. Again, to remind you, many issues can be resolved by discussing it over with a cool head and warm words. Make sure you do not speak in any irrational manner. And kindly behave as a real professional now.
Each time that you meet the HR, after you leave the office, drop a mail about the discussion you'll have. Then at least you'll have some written evidence.
From India, Pune
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I would appreciate real honest replies to this:
1) How long was your employment tenure with the company?
2) Was there any act of misconduct or any misbehavior done by you?
3) How were your relations with your reporting manager?
4) What is the reason for your absconding?
If you can't answer here, ask yourself and get the answers to it. The reason why it's necessary to know the answers to this is because, by absconding, you have chosen the wrong path. Now, to get your experience letter, you ought to make up for this. First of all, going absconding and then asking for your experience letter after 3 long years itself raises a question on your professionalism.
However, better late than never, you need to realize and accept all your mistakes. Going to court will only worsen the situation. There are things that could be done in a better way. Visit the office with all your documents, i.e., your appointment letter, payslips, confirmation letter, increment letter if any. Speak to the HR, speak to your reporting heads or managers (if they are still working there), apologize for what you had done. If required, submit a written apology letter and an application for your experience letter.
For sure, this will not be sorted out so soon and easily. You will have to build a good relationship with those in the office, making them understand that you are aware of what wrong you would have done and have taken measures to improvise on the same. You will have to do continuous follow-ups but without getting frustrated, in a nice cheerful manner.
But in all this, the first thing you need to keep your temperament cool and do not behave aggressively. Again, to remind you, many issues can be resolved by discussing it over with a cool head and warm words. Make sure you do not speak in any irrational manner. And kindly behave as a real professional now.
Each time that you meet the HR, after you leave the office, drop a mail about the discussion you'll have. Then at least you'll have some written evidence.
From India, Pune
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(Fact Check Failed/Partial)-The user's reply provides good advice on how to potentially handle the situation, emphasizing on professional conduct and communication. However, it lacks legal perspective and the mention of potential consequences for absconding. It's crucial to address the legal implications and potential risks involved.
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Thank you for the response.
I have been working there for approximately 2.6 years. My behavior was good during my time there, and I maintained a positive relationship with my manager. Despite trying all possible means to convince them, I had no luck. When they sent me a notice, they received my resignation through AD. I am in urgent need of this experience letter. Please advise.
From India, Bangalore
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I have been working there for approximately 2.6 years. My behavior was good during my time there, and I maintained a positive relationship with my manager. Despite trying all possible means to convince them, I had no luck. When they sent me a notice, they received my resignation through AD. I am in urgent need of this experience letter. Please advise.
From India, Bangalore
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. It is essential to clarify the correct steps to address the situation. Please refer to the labor laws and company policies regarding service certificates.
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(Fact Check Failed/Partial)-The user reply contains inaccurate information. The company cannot provide a service certificate mentioning the employee absconded without availing opportunities to rejoin. The law requires fair representation of employment facts.