• Not getting experience letter from employer

Hi all,

I worked in Snap on Business solutions for 1.9 yrs ,and after that i resigned to get a new job.i had to join urgently ,so i did'nt serve the NOTICE PERIOD Of 2 months.
But i requested them to buy out my NOTICE PERIOD ,by charging me any amount as penalty.

But they didn't do that ,neither are they giving me my expereince letter.
I have all the documents like last 3 yrs salary slips,joining letter,appraisal letter .
Please guide me what can be done..
Asked 1 year ago in Business Law from New Delhi, Delhi
1) an employer does not have any legal obligation to provide the former employee with the work experience letter  since you failed to serve the notice period 

2) you can rely upon  your salary slips to show that you worked for organisation for 3 years 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. If the contract provided for a  2 month notice period you were within your right to offer the buy out of the notice period. 

2. Offer to buy the notice period is a compliance of the contract.

3. You should issue a lawyer's notice to the employer to issue the relieving letter and the experience letter, failing which you can sue the company to obtain both the documents on a court order.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Join the new job without having the experience letter.
2. If your new company does not insist on experience certificate then forget it. 
3. The legal recourse to get the certificate is a very time consuming process. The document you already have is enough to make you experient for the job.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1) litigation is long drawn process 

2) in addition it is an expensive proposition 

3) you have the appointment letter . Appraisal letter from first employer it should suffice 

4) you can also go and meet HR head of first employer and request theim to give experience letter 

5) avoid litigation 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
You appear  to have violated or breached the conditions of employment with the previous company by not issuing notice before resigning. However, did you atleast tender your resignation properly?  Whether your resignation was accepted and your were relieved properly or you have left the company without getting a relieving letter?
Since the period of work is less than two years, the experience letter even if obtained will not carry much significance so there is cause for any concern about this to this extent. 
However, if you insist on the experience letter from that company, you may write to the company seeking the same and may signify that you are willing and ready to comply with the necessary formalities in this regard including the settlement of the notice buy out period, if ther is no response, you may adopt the legal route by first issuing a lawyer's notice. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. What was your employment terms?

2. You were supposed to comply with the said terms of your employment,

3. You should have given notice for resignation or offered salary in lieu thereof,

4. You are on a sticky ground legally,

5. Talk to your earlier employer and try to settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. No body can be stopped from filing a case,

2. You can sue them but what will be your claim?

3. If your claim will be for issuance of experience certificate only then you can file a case with the said prayer but before that you should send them the amount towards your salary for the notice period.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
 Unless you have violated the contract of employment you signed with your previous employer or committed any illegal or unethical practice during the course of your employment, the initiation of the legal process shall not backfire on you. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1) as mentioned earlier company is under no obligation to issue you experience letter 

2) it is better you visit the company office and met HR head personally and offer to pay for the shortfall . take your cheque book along 

3) company may not reply to email but personal visit works wonders . 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
You did not serve the notice period of 2 months, but you offered the salary equivalent to the notice period. So you have complied with the contract of employment. The employer is duty bound to issue the experience letter to you. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. They will never say that they will not give experience letter,

2. They will say that you are absconding from your duties as you have not resigned properly,

3. If it is mentioned in the employment bcontract that you can pay the salary in lieu of the notice period, then you have complied with employment terms,

4. In such case send them a legal notice enclosing DD/cheque for the notice period amout, asking them to issue your experience certificate,

5.In the above case, they may give adverse certificate for which you should be prepared,

6. It will be prudent on your part to settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
If you were not properly relieved by your previous company it can be deemed that they actually have not relieved you from the employment hence they can rightfully declare you as absconder. 
Do you have the rejection of your request to buy out the notice period by the company in writing?, if so you can issue a legal notice demanding them to issue experience letter, the reply of which can be secured  with the documents of your employment records which will serve the purpose which you  are afraid of. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1) only local lawyer as legal fees he would charge you to move court in this regard for issue of experience certificate 

2) if you haven't saved your resignation letter duly received by your employer you have no evidence that you resigned on said date 

3) your ex employer may refuse to admit receipt of any resignation letter 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
If the previous employer decides to trouble  you, it will become a tough time for  you to settle the scores, hence try the amicable routes first, exhaust all the remedies for peaceful settlement ofthe issues, the legal action may be kept  as a last option. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. The negative remarks, if any, incorporated in the certificate can be challenged in the court whereupon the court may order the employer to expunge those remarks. 

2. Initiating a legal battle and taking it to a logical conclusion requires thick pockets. You can begin the process by sending a lawyer's notice to your ex-employer. Your lawyer will be able to tell you the fee he will charge, which should give you an idea as to the affordability of the process. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. They will now refuse to give you any certificate stating that you have not resigned and are absconding,

2. You can not prove that you have resigned since you do not have copy of the same with you. The HR will not check it in their  outbox. On the contrary, they will delete it if they come to know that you have lost it,

3. Send the resignation letter afresh stating that you had sent it on 30.1.2015 and enclosed the DD towards the salary of the notice period as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you should never suppress any facts from your new employer 

2) mention that it worked for nearly 2 years for snap but don't have experience letter 

3) if you suppress facts and later new employer comes to know about suppression it will affect you adversely 

4) snap your ex employer on verification will most probably merely confirm that you worked for said organisation but won't give any negative feedback 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
It depends on how you are going to handle the issue.  What your previous company will do on verification by the present company cannot be predicted by anyone here.
If you apprehend any adverse remarks or opinion about you which you foresee to endanger your career, better do not show that employment in your resume. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. We cannot tell as to what feedback the previous employer will give to your prospective employer. However, in the circumstances narrated by you it is likely to be negative.

2. If you can omit, without incurring the risk of discovery by your prospective employer, mentioning your previous employment, you may do so. You will be liable to be terminated if your prospective employer finds about your previous employment. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. No body can predict as to what certificate your earlier employer will give about you to your new employer which will be normally kept as confidential,

2. You are caught between devil and deep sea. You may show that you are starting fresh and do not give the PF number to the new employer,

3. I am not sure whether PF account no. can be detected from PAN card or not,

4. However, you shall have to take the calculated risk in the given circumstances.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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