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Raj (software engineer)     16 October 2014

Company not providing experience letter

I am sharing a bitter experience from my previous employer.I had worked for the company for 25 months(2 years+).

Since i was least interested in my job i resigned from the company with 5 months remaining to complete the bond period(Bond was for 2.5 years).I resigned in a really good manner serving my notice period of 90 days(infact 100 days) and paying the compensation for breaking the bond.They assured they will give me experience letter since i'm paying the compensation.I resigned in July 2014,now its almost 3 months,they havent still send me the experience letter.Every time when i call the hr manager he is saying lame excuses...like he had forgot..etc.I  had enough and feeling shame to call that idiot every time to hear his excuse.

Can i know what i can do  in this situation?Can i do anything legally?



Learning

 2 Replies

NINAD S (Executive Attorney)     17 October 2014

What you can do to begin with is send them a legal notice through any advocate to which they shall be bound to reply in a stipulated timeframe. Unless they reply, you can initiate a legal proceeding against them. Make sure you read the terms and conditions of your appointment letter before any initiation. Sending a legal notice would serve the purpose to pressurize them to act in a way they actually are supposed to. Inaction of employees against such instances are very common thus resulting in such arbitrary attitude among employers.

Kumar Doab (FIN)     17 October 2014

 

Record the calls/meetings (audio/visual) especially when he states that “He Forgot”……………..

Don’t remain entangled with these HR personnel. He is not your employer and is just another employee in the company like you.

As per some internal policy of employer for him, he won’t issue the Service Certificate and also relieving letter.

Relieving letter  is issued post all settlements by employee. Since there is nothing pending against you and you have even paid the liquidated damages stated in BOND (without consulting your lawyer and assessing these are payable or not) and has served even 10 days more than notice period of 90 days (  without consulting your lawyer and assessing whether 90 days notice period is applicable in your case or not ) nothing is pending at your end.

If during employment no adverse comment, stinker, notice, show cause notice has been issued to you then HR can not post adverse comments against you.

You may first record then minute   all discussions with HR (mention phone numbers, dates, brief  minutes etc) and escalate to good offices of appointing authority, MD etc…………………………and let your representations be structured by your lawyer……………………….and include that you were coerced/forced to pay and Experience  Certificate was dangled at you.

Exhaust the internal options...................................and build irrefutable written record.

Later you can pull them to appropriate forum at appropriate time under expert guidance of your lawyer.

Your lawyer may opine that liquidated damages were not applicable/pro rated damages should have been paid.

There are many threads that you may find relevant and you can pick up relevant points e.g;

 

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

 

 


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