• Getting experience Certificate from Company

I signed an agreement with a company for 3 years with 5 lakhs as release clause, now after marriage my family is shifting to another district and I requested my Company to relieve me, but they said not possible, after that I asked work from home which they declined, then I told them I'll serve my notice period and give my two months salary, all of a sudden HR came to me and asked me to write a relieving letter and gave my original certificates and told you can leave the company and said your experience letter will be sent after the notice period.

Now I want my experience letter, How to handle this case. I have the copy of the mail I sent to them willing to serve notice period and pay two months salary and not the relieving letter I wrote to them(It happened all of a sudden and HR forced me to write).

Please help how to handle this case.
Asked 4 years ago in Labour

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10 Answers

Send them a legal notice in the instant matter and call upon them to forthwith issue your experience certificate which they have illegally withheld.

This dispute would be governed strictly in accordance with the terms and conditions contained in the employment agreement which you signed with them.

If you want, you can avail the services of kaanoon.com to send this notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You are required to serve company for 3 years

2) in event of your failure to do so you have to pay Rs 5 lakhs

3) since you have failed to do so company is not giving you experience letter

4) your appointment letter , pay slips proves that you were employed with the company

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Relieving letter is your resignation letter

You can only request company to give you experience letter

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear,

Your notice period is completed or not. If yes then hire a lawyer and send

legal notice to them for your experience letter.

They can't deny deny you.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

This is my response to you:

1. Send a formal resignation letter (it should be on record);

2. Once that is done then ask for the requisite documents needed by you including the relieving letter and expereince certificate;

3. If they don't return then send a legal notice;

4. Also seek compensation for the mental loss suffered by you;

5. Your method of last resort is to approach the labour court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client, your Joining letter is enough for joining another company. Secondly you can show your Resignation Letter. If they don't give you experience letter, it does not matter.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You have to send a legal notice to the company at the earliest, if the company has accepted the resignation on the ground of family relocation then they can not with hold your letters.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get in touch with a lawyer, send a legal notice and if they do not respond then file a civil suit for specific performance against them.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may await the completion of notice period to get your experience letter.

If the new company is asking for this then you may request them to bear with you until you procure it.

Your relieving letter shall be the base for it, hence you dont insist on the experience letter, they will dispatch it your address as soon as the management draws its attention to it.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

HR asked me to write a letter as, relieving due to family relocation, is this can be considered as a resignation letter or simply a long leave letter from company. HR is telling I'll give experience letter at the end of 3 years of agreement. I've the mail proof to show my willingness to serve notice period but not my resignation letter which I wrote to HR. Please advise

In the situation you may first write to the top management about this after coming out of the firm.

If there is no response to this then you may end a legal notice demanding the same after which you may decide to file a case against them.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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