• Employer not ready to give experience letter

I am working in a company for 9 months , I had signed a contract/ bond of 2 years. Now I want to resign for some reason, but they are not ready to provide me any experience letter. 
 Is that legally allowed for a company to do.
Asked 7 years ago in Labour

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7 Answers

1) if you are not willing to work for 2 years in spite of having agreed to do so company is not bound to give you experience letter

2) you can rely upon your appointment letter , salary slips to show that you worked for 9 months in the organisation

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Since you have breached the agreement of not serving 2 years as originally agreed the employer is expected to cause some trouble which they are doing by not giving the experience letter.

I regret you do not have any legal solution for this.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

What you are wanting to do is not legally allowed. If the contract mandates a 2 year service then you cannot resign earlier than that. Resignation has to be given in accordance with the contract, The company can refuse to relive and give you the experience letter if you breach the contractual obligations.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) company spends money on your training , incurs lots of expenses in hiring you . hence if you have agreed to work for period of 2 years with organisation it would be binding upon you

2) if you had not signed the bond it was sufficent if you served the notice period mentioned in your appointment letter , taken your relieving letter and left the organisation

3) even if you challenge the policy in court you may not get any reliefs

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. A contract can even be hand written on a plain paper.

2. The terms and conditions mentioned in the contract are legally enforceable. If a notice period is prescribed it has to be followed, verbatim for a lock-in period.

3. If 2 years bond is ''too much'' then you should not have signed it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I am working in a company for 9 months , I had signed a contract/ bond of 2 years. Now I want to resign for some reason, but they are not ready to provide me any experience letter.

Is that legally allowed for a company to do.

By violating the conditions of contract you are not eligible for seeking experience certificate and moreover the 9 months experience shall hardly be counted against your credit even if you get one.

However did you apply for it in writing and did you get a reply in writing, if not, do so and think about further course after that.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The contract need not be in a bond paper, if it is agreed mutually between parties with witnesses then it is valid.

2. Why did you not think about the said conditions while accepting the offer, it will not prove your cause at this stage.

3. You concentrate in your case alone and try to get relief by legal means, the others who are affected shall raise their issues individually.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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