• Disclosure of work experience

I worked in Kent for a month after my MBA. Though they have accepted my resignation, they refuse to give relieving letter for 2 years. If I need it before that, they will only give it directly to my new employer after verifying that they are not a competitor. They are saying that a clause in the appointment letter which states that 'employee will not work for a competitor company for 2 years after resignation/separation" gives them the right to do so. I have been applying for various PSU jobs. I mentioned Kent in all the applications I filled before resigning. But, on applications after resignation, I didn't mention Kent in the work experience tab as it was just one month and the issue with relieving letter is there. Kindly advise what to do regarding the relieving letter. Also, will leaving out one month of employment with Kent in the application form cause any legal hassle or trouble if I am selected?
Asked 6 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Clause is invalid. You can work with any organization after resignation and on this reason your resignation cannot be hold. YOU can complain to labor commissioner for experience and relieving letter. 

IN any new job where previous experience is require, experience letter is must.  And no complications if selected.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No problem of skipping the kent work of one month from your resume.  Its not that important as they have kept a stringent cause for providing you the relieving letter. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It will not create any Hassel in the psu job you may not declare same in the application form.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Well, the contractual obligations as regards the joining and relieving will be binding upon both the employer and the employee irrespective of duration of service unless otherwise provided in the agreement.

2. So refer to the agreement whether any special terms is to be followed if the employee quit without serving notice period, if any or soon after the joining like yours.

3. otherwise no employer can force an employee for any particular period unless special circumstances exits which is not so in your case.

4. So you can quit immediately and to avoid further complications do not ask for relieving letter. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Such type of clauses does not have any legal force since it is totally illegal to keep someone away from doing any act of his choice. You can freely mention your work experience in anywhere. One thing one can not share any trade secret of your previous company for reasonable period say 2/3 years. In your case since you have served for one month only the period being very negligible nothing would be applicable to you. Go and join. Forget about relieving order. You have submitted resignation that will be enough. 

You can even sue your employer for not giving you work/service  certificate and not issuing releiving order.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Non mentioning of work experience of one month would not cause any problems 

 

you have already resigned and your resignation has been accepted 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Queriest, 

Its the right of the employee to get reliving after his job. Its the liability of employer to provide the same.

You should make written representation before the company demanding your reliving letter for your record sake. 

As far as the clause is concerned, you have been misguided. Its illegal for anyone to stop you from working with any organisation.

As far as your career is concerned,   if you despite the above recorded facts, if you write on your resume that you worked for one month, then your future employer will ask why you work only for a month. ?

My advise is that your writing on your resume indicating work experience of only one month with the Kent will invite unpleasant questions will create a bad impression with respect to your consistency and perseverance with your career.

Deepankar Kataria
Advocate, Delhi
194 Answers

Nothing going to happen so don't worry, it is up to you to show or not to show any experience if think it is not relevant so go ahead.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello, 

No, you may easily leave out to mention the said experience. The same will not cause any trouble to you and not mentioning will not attract any legal trouble also. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The one month experience with Kent will not at all be considered for any purpose by any company in the private and the government PSUs or government concerns will not even care about it.

There can be no issue if you ignroe mentioning about working with Kent because there is no use of mentioning this short term employment in your application with any other company as it will not make any difference.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you mean Kent ro, then that is a private limited company and hence psu 's don't bother and moreover psu's are not into water purifying business. Therefore you can mention this if applying for a private company.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed for no reason as well as without having any credibility in the reason stated by Kent.
  2. There are clause in the agreement that an employee should not worked with the competitor company for next two years, but it doesn’t mean that they will hold the RL for too long.
  3. They do have the legal remedy for filing the suit for breach of contract if the employee joins any competitor company.
  4. No, there is nothing to be worried about as that was just the one month work which legally also can’t be called as work experience as it should be at least for 3 to 6 months.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

No it is not necessary to mention the experience of one month to next employer of you don't want to claim the benefit of experience for next job salary or post. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer