You can issue legal notice to company to furnish you experience letter mentioning detailed particulars of your work done in the organisation
if company refuses take legal proceedings against the company
HI All, I had been working in a company between Feb 2012 to Feb 2013. After leaving they gave me a letter saying that I was employed in that company in my occupation and I was getting salary in cash. But now I want the company to give me a proper experience letter stating my responsibilities in the company. Company is in India and I am overseas and company is not in a favor of providing that letter as I had left the company saying some random reason. Now the company is arguing that you did not told us the right reason to leave so we will not issue the experience letter. What I need to do in this situation. Please guide me.
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You can issue legal notice to company to furnish you experience letter mentioning detailed particulars of your work done in the organisation
if company refuses take legal proceedings against the company
Only option is to settle the matter amicably. You can initiate legal proceeding from abroad, but it takes years to get relief and any legal action will annoy your ex and spoil your chances of obtaining desired certificate .
Hello,
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, the said company is bond to issue experience letter mentioning in details of job done there , and if refused for the same , then you can issue a legal notice for the same.
What were you doing all these eight years about it, what is the necessity that you are pursuing this matter after such a long gap.
Well, even if you have given any reason, the company is obliged to give you the experience certificate as per the company rules or regulations.
You can issue a legal notice to the company through your lawyer demanding the experience certificate as per your performance with the company during the the tenure of your employment with them.
Dear sir,
You can file a legal notice seeking your experience certificate but settling this issue amicably would be a better option.
Thank you
1. There is no specific format prescribed in law based on which experience certificate shall have to be issue by the employing Company.
2. So, it will be a futile exercise to ask the Company to issue a experience letter to you as per your format.
3. The Company has already issued the experience certificate to you certifying your employment with them.
4. You shall have to use your employment letter in addition to the experience letter issued by the Company to prove the types of jobs you performed in your earlier Company.
Hi All, Thanks for all the suggestions. I have been following with the company since 20 days and they are not replying to any of my emails. I have decided to go with legal notice but since I am overseas with a temporary visa if I issue a legal notice should be in any trouble for my police clearance or any court case. IF not then I would need a overview of fees to file a legal notice on behalf of me and taking all further action too on behalf of me.
Issue of legal notice would not affect your police clearance or any court case
legal fees vary depending upon lawyer engaged by you
- There is no role of police in such type of cases as it not come under the provision of CrPc
- Further, for its faults , company cannot file any cases against you legally.
- Hence, you will not face any trouble for sending the legal notice , but the company is bound to resolve your issues.
- You can contact me for sending the legal notice
Your previous employer is bound to provide you the relevant exit documents as per law which includes relieving letter, if you weren't terminated.
Issue a legal notice through a lawyer for the same.
If they fail to adhere even after 14 days of receipt of the legal notice, file a suit for declaration.
Taking legal action to exercise and legal right not cause any hindrance to your police or visa clearance. It would be a minor civil case if it goes to court and would not reflect on any of your records.
1. What is the objective of your said proposed legal notice? The Company has already issued you the experience certificate clearly mentioning therein that you have worked with them and got salary in cvash.
2. Do you think that on receipt of your legal notice the Company will buzz and issue the experience certificate to you the way you want?
3. No law specifies the format in which the experience certificate shall have to be issued for which you can not drag the Company to Court for acting illegally.
4. Legal notice can be issued if so desired by you but it may not yield the desired result.
The company will not respond to the emails.
You should have sent the communication in writing with an acknowledgment card attached to it.
Well if you have decided to send a legal notice you may contact any advocate either of this forum or from outside.
The lawyer's fee will be intimated by the lawyer you may choose for this purpose.