Response

An employer does not legally haveto provide the former employee with the work experience letter considering how you failed to serve the notice period. you can depend upon your salary slips to prove that you worked for the organization for three years. The Indian labor laws are clear and helpful. Firstly, you should comprehend the laws and try to use them to your advantage. No employer can deny a experience certificate to his employee unless cheating occurred the employee ran away without fulfilling his assignments as asked by the company. It is every employeeÕs right to receive an experience certificate. Although there is no need to serve on notice period for the experience certificate. You want to serve notice period in companies for your salary.Your employer canÕt discredit the employee by spreading misinformation on the employee to sabotage his career or act in any way that damages employeeÕs reputation.

The employee should be truthful his employeeÕs work and reputation even after he has left the company. If employee denies the experience certificate, you may first, send him a letter and reques for the certificate and set a time frame to receive it. If he doesnÕt reply to your request, you can send him a legal notice. Most of the employers avoid going courts when they really know that they are guilty. So most of the employers give experience certificate as early as possible. If some employer is notcomplying even after the legal notice then you can move to the labor department, and file a civil complaint under the section of labor laws É You can also file a civil lawsuit in courts.

Reference: The law governing the case is Indian labour law which says The relieving letter should be issued the same day when you’re going to exit from the company. If the company does not issued the relieving letter it means that your resignation is not accepted and also still you are employee of the company until unless the company issue the relieving/ accepted resignation. – – AHG132 – 202100580 – 65 – 146- 2021002232021004113600

LAWAYZ-2023-993