farhan akhtar (sse) 04 September 2014

Experience letter held back

Respected experts

I worked in a major IT company for two years and since the last year I am working in a very small IT company. Now I have got an offer in a new company. But this new company is not allowing to leave me. I am ready to serve their notice period but they are threatening that they will not provide me experience letter. This is a very small company; a subsidiary of a US based company. It has only 30 employees. It has no code or ethics or standard. So they can do just anything if they want to do. So if I go for legal option; and I win; can they hold back my experience letter? Is it legally binding for a company to provide experience letter at the end of services?

Thanks

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 08 September 2014

If you fulfill the conditions of employment for resignation, the company has to adhere to the conditions laid down by it, they cannot refuse to issue a relieving letter or experience letter. First of all you create everything in writing including resignation, complying the notice period, etc., let them communicate their decision in writing, you can initiate legal process subsequently in case need arises.

Kumar Doab (FIN) 08 September 2014

NO. Company can not.

Record all calls/meetings (audio/visual) and build irrefutable evidence.

If you are suffering others may also be.

Unite and stand as a witness to each other.

Consult an able Labor Consultant/Service before hand.

farhan akhtar (sse) 26 September 2014

Hi Sirs,

Thanks for your response. I consulted a lawyer and he told me that exp letter/ relieving letter is a practice followed. Its not binding on the company to provide it; since they have not mentioned it in their experience letter explicitly. Is it true sirs? Even if I go to court; can I force them to provide me exp/relieving letter?

Please help out sir.

Thank you