Hi, I have a problem. I worked for an organization in India for 11 years and now want to quit the company. My employer is refusing to give an experience letter or relieving letter. What are the options I have? I worked in Bangalore.
From United States, Newark
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From United States, Newark
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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
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274From India, Mumbai
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Hello,
In addition to the query by Ashutosh Thakre, please also provide the following information:
1. Is your company in the IT sector? If not, which sector is it in?
2. Did you work for all 11 years in Bangalore/India, or was the period spread out across countries? If the latter, where is your headquarters located?
3. Are you an Indian Citizen or an Expat?
4. Have you completed the notice period according to the company's policy?
5. Do you have any type of NDA/NCA signed with the company?
The more information you provide, the better suggestions members can offer.
Prima facie, no employer can refuse to provide experience or relieving letters unless there are disciplinary issues involved.
Regards,
TS
From India, Hyderabad
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In addition to the query by Ashutosh Thakre, please also provide the following information:
1. Is your company in the IT sector? If not, which sector is it in?
2. Did you work for all 11 years in Bangalore/India, or was the period spread out across countries? If the latter, where is your headquarters located?
3. Are you an Indian Citizen or an Expat?
4. Have you completed the notice period according to the company's policy?
5. Do you have any type of NDA/NCA signed with the company?
The more information you provide, the better suggestions members can offer.
Prima facie, no employer can refuse to provide experience or relieving letters unless there are disciplinary issues involved.
Regards,
TS
From India, Hyderabad
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There is no provision in the Factories Act or Shops & Commercial Establishment Act of Karnataka to give an experience certificate to employees. If your firm has a certified standing order that provides for an experience certificate, then you are entitled to it. In other cases, it is at the discretion of the employer.
04712542059
From India, Thiruvananthapuram
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04712542059
From India, Thiruvananthapuram
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I worked for 11 years in India and came to the US on an H1B visa. There was an agreement signed stating that I should work for 1 year. If I am changing in between, I should compensate for 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 the employer states it's not ethical, and I am misusing it. He is refusing to provide any papers even though I worked for 11 years in India. If I go back to India in the future, any company will ask for an experience letter.
1. It is an IT company. I worked in India for all 11 years. In between, I used to visit the US on a business visa for short terms.
2. It is a Bangalore-based company, and there is only one office in Bangalore. I am an Indian citizen.
3. There was an agreement signed before relocating to the 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 change after 6 months.
4. There was a contract between my employer and the client company for 6 months. This was a short project that is ending in a couple of days. My employer has to search for a new project for me, and until then, if I am on the bench, he needs to pay me. I did not want all these complications and found a decent job here.
5. I am ready to pay a 1-month notice period.
From United States, Newark
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1. It is an IT company. I worked in India for all 11 years. In between, I used to visit the US on a business visa for short terms.
2. It is a Bangalore-based company, and there is only one office in Bangalore. I am an Indian citizen.
3. There was an agreement signed before relocating to the 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 change after 6 months.
4. There was a contract between my employer and the client company for 6 months. This was a short project that is ending in a couple of days. My employer has to search for a new project for me, and until then, if I am on the bench, he needs to pay me. I did not want all these complications and found a decent job here.
5. I am ready to pay a 1-month notice period.
From United States, Newark
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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 stricter and faster and take notice of such transgressions much more seriously - which I think you too would be aware of. US companies, as well as employees (consultants in your parlance), are known to go legal at 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 and finally had to pay damages of, I think, around US$100K, with the added situation of the word spreading around to other employers.
As far as your line "After coming here I found many opportunities..." is concerned, this is the scenario worldwide (except, maybe, Europe and 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 a 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 and cons are there for every decision/option.
All the Best,
Rgds,
TS
From India, Hyderabad
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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 stricter and faster and take notice of such transgressions much more seriously - which I think you too would be aware of. US companies, as well as employees (consultants in your parlance), are known to go legal at 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 and finally had to pay damages of, I think, around US$100K, with the added situation of the word spreading around to other employers.
As far as your line "After coming here I found many opportunities..." is concerned, this is the scenario worldwide (except, maybe, Europe and 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 a 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 and cons are there for every decision/option.
All the Best,
Rgds,
TS
From India, Hyderabad
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