• Company not giving correct experience letter

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.
Asked 3 years ago in Civil Law

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14 Answers

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 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

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 .

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Hello, 

  1. As your request for a formal, descriptive experience letter is turned down by the company for an unjustifiable reason, you have  to take legal recourse to compel the employer to issue the same. 
  2. You can get a legal notice sent to the company demanding the experience letter as required. State that the letter issued earlier was lacking in details describing your role.
  3. It is advisable to make a last-ditch attempt to request to them before you take recourse to any legal remedy. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear sir,

You can file a legal notice seeking your experience certificate but settling this issue amicably would be a better option.

Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

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.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Issue of legal notice would not affect your police clearance or any court case 

 

legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

- 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 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Sir

Merely issuing a legal notice for your documents would not land you in any kind of trouble.

Thank you

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

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