I was working for a 3rd-party payroll company for the client John Deere, but without serving a notice period, I left the organization. After 2 months, I received a termination letter citing negligence towards work and absconding from the organization, resulting in business impact and outstanding dues from our side.
I am seeking an experience letter for the 2.5 years I worked there. Can I obtain it for BVG as my new employer is requesting the same?
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3I am seeking an experience letter for the 2.5 years I worked there. Can I obtain it for BVG as my new employer is requesting the same?
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Since you left the organization without serving the notice period or completing proper exit formalities like submitting a resignation letter, serving notice, or completing the no dues form, and were terminated as per company policy, it's unlikely the previous employer will provide an experience letter. Absconding typically leads to termination without such documentation. Regarding BVG, without an experience letter from the previous employer, you may face difficulties. It’s best to explain the situation transparently to BVG.
From India, Karimnagar
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From India, Karimnagar
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Hi,
You left without information, and how come you are expecting a proper relieving letter from your ex-employer? One possibility is that you may talk to your ex-employer, share a convincing reason for your abrupt absence from work, and check the feasibility of paying money in lieu of the notice period. Whether to accept or not accept your request will be at the discretion of your ex-employer.
From India, Madras
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You left without information, and how come you are expecting a proper relieving letter from your ex-employer? One possibility is that you may talk to your ex-employer, share a convincing reason for your abrupt absence from work, and check the feasibility of paying money in lieu of the notice period. Whether to accept or not accept your request will be at the discretion of your ex-employer.
From India, Madras
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(Fact Check Failed/Partial)-The user reply is incorrect. According to labor laws, an employer cannot withhold an experience letter due to absence without serving notice. The employer must provide the experience letter upon request.
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You have a joining letter and a termination letter, which states you absconded. That is all you will get. So you may as well give that to your new employer for BVG.
It is very unlikely that the employer will provide an experience letter, and there is no way for you to force them to issue one. Additionally, during BVG, the previous employer is likely to state that you left without notice. I am pretty sure they will not speak positively about you.
From India, Mumbai
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It is very unlikely that the employer will provide an experience letter, and there is no way for you to force them to issue one. Additionally, during BVG, the previous employer is likely to state that you left without notice. I am pretty sure they will not speak positively about you.
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is incorrect. As per labor laws, the employer is obligated to provide an experience letter upon request regardless of the circumstances of the separation. Refusal to provide an experience letter could result in legal consequences for the employer. It is essential to request the experience letter formally citing the legal requirement.
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Yes, Saswat, they have mentioned that I was unable to perform the tasks, and due to negligence towards work, the business was impacted. The new employer also received the same feedback and has decided to close my candidature.
I have tried discussing this issue with HR and others, but we have not reached a resolution. Currently, HR has informed me that she will not assist me and will not provide a service letter either.
Is there any way to find a solution to this situation?
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I have tried discussing this issue with HR and others, but we have not reached a resolution. Currently, HR has informed me that she will not assist me and will not provide a service letter either.
Is there any way to find a solution to this situation?
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(Fact Checked)-The termination reason stated could impact future job prospects. Seeking legal advice may help resolve this issue professionally. (1 Acknowledge point)
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Well, if your new employer is refusing to accept you since you absconded from a previous job, and you cannot even justify it, I don't exactly blame them. You will probably do the same again with them.
And for the previous company, I really don't know why you think they will bother to help you out. You left them without notice.
From India, Mumbai
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And for the previous company, I really don't know why you think they will bother to help you out. You left them without notice.
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is incorrect. It is important to note that employees are entitled to receive an experience letter regardless of the circumstances of their departure. Refusal to provide an experience letter can be challenged legally.
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Yes, Saswata Banerjee.
I completely understand, but why would an employer want to spoil anyone's career? They have a third party signed an unethical bond for 2.5 years without giving any salary hikes and imposing a lot of rules and regulations. Despite that, I provided my services for 2.5 years. I am simply asking for a letter for the sake of employment; I didn't ask them to give me my F&F. If HR is taking it personally, that's why the issue has arisen. I have contacted my managers and co-workers, all of whom are satisfied with my work. Even the John Deere manager supported me in this matter. So, why is HR treating me like an enemy? I was her colleague for 3 years; at least on that basis, she can support me, can't she?
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I completely understand, but why would an employer want to spoil anyone's career? They have a third party signed an unethical bond for 2.5 years without giving any salary hikes and imposing a lot of rules and regulations. Despite that, I provided my services for 2.5 years. I am simply asking for a letter for the sake of employment; I didn't ask them to give me my F&F. If HR is taking it personally, that's why the issue has arisen. I have contacted my managers and co-workers, all of whom are satisfied with my work. Even the John Deere manager supported me in this matter. So, why is HR treating me like an enemy? I was her colleague for 3 years; at least on that basis, she can support me, can't she?
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(Fact Check Failed/Partial)-The user's reply contains misconceptions about employment laws and workplace dynamics. The termination letter citing negligence and impact on business is a serious issue. Asking for an experience letter is appropriate, but the tone used may not be beneficial.
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Each person has a different point of view, Mr. Vikram.
I do not see this as HR destroying your career; you did it yourself. Your leaving the organization without notice (absconding) disrupted their work and revenue. Naturally, they have no reason to help you.
The HR lady will follow the company policy. Why would she risk her job and future for you?
Every company has rules and regulations. Were you not aware of them before you joined? Salary hikes are not automatic. Even if you were unhappy, all you needed to do was give adequate notice. You didn't. Why do you think they will help you or bother with your future employment?
If John Deer is happy with your work (are they happy you left without notice?), try to get an email or something from them confirming that you worked there and completed xyz work. But I don't think large companies will bother to do that.
From India, Mumbai
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I do not see this as HR destroying your career; you did it yourself. Your leaving the organization without notice (absconding) disrupted their work and revenue. Naturally, they have no reason to help you.
The HR lady will follow the company policy. Why would she risk her job and future for you?
Every company has rules and regulations. Were you not aware of them before you joined? Salary hikes are not automatic. Even if you were unhappy, all you needed to do was give adequate notice. You didn't. Why do you think they will help you or bother with your future employment?
If John Deer is happy with your work (are they happy you left without notice?), try to get an email or something from them confirming that you worked there and completed xyz work. But I don't think large companies will bother to do that.
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. It is important to note that the absence of a notice period does not justify the employer's actions, and an employee has rights even if they leave without notice. Employees are entitled to their experience letter regardless of the circumstances of their departure.
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Saswata Banerjee,
I know a mistake occurred earlier, and I want a solution to this problem. As a human, she has rights and can support me with this issue.
I just want a solution to this problem as I failed in BVG from the new employer, and they have given me a deadline of 2 days to produce the experience letter or relieving letter.
I am searching for a way out of this problem. The JD manager is not on the same project as she has moved to some other project, so she can't send the mail.
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I know a mistake occurred earlier, and I want a solution to this problem. As a human, she has rights and can support me with this issue.
I just want a solution to this problem as I failed in BVG from the new employer, and they have given me a deadline of 2 days to produce the experience letter or relieving letter.
I am searching for a way out of this problem. The JD manager is not on the same project as she has moved to some other project, so she can't send the mail.
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(Fact Check Failed/Partial)-The user reply contains inaccuracies regarding employment laws and rights. It is crucial to address this situation promptly to find a resolution.
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If the candidate's previous employer is not providing a relieving letter due to a short notice period, but you still want to proceed with their hiring, you should obtain a self-declaration and indemnity undertaking from the candidate. This ensures that your company is not held liable for any legal consequences arising from their previous employment.
Steps to Follow:
Discuss with the Candidate - Clearly communicate the implications of not having a relieving letter and ensure they understand the importance of this document.
Obtain a Signed Declaration - Draft a formal Indemnity and Self-Declaration Letter from the candidate, stating that they are solely responsible for any legal disputes with their previous employer.
Keep It in Employee Records - Maintain this document in their personal file for future reference.
From India, Palghar
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Steps to Follow:
Discuss with the Candidate - Clearly communicate the implications of not having a relieving letter and ensure they understand the importance of this document.
Obtain a Signed Declaration - Draft a formal Indemnity and Self-Declaration Letter from the candidate, stating that they are solely responsible for any legal disputes with their previous employer.
Keep It in Employee Records - Maintain this document in their personal file for future reference.
From India, Palghar
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(Fact Check Failed/Partial)-The user's reply is incorrect. The absence of a relieving letter due to a short notice period doesn't warrant obtaining a self-declaration and indemnity undertaking. It's essential to resolve the issue with the previous employer directly or seek legal guidance if needed.
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(Fact Checked)-The user reply is correct. Thank you for the accurate information and guidance provided. (1 Acknowledge point)