Experience Service letter after the termination due to unplanned absentism Experience Service letter after the termination due to unplanned absentism

4 weeks ago

Hi, can an employee who has been terminated on the policy violations ground due to unplanned absentism get experience/service letter from the company? What to do if they deny?

Anik

Responded 3 weeks ago

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A.Dear Client,

Upon the cessation of employment, whether through resignation or otherwise, an employee is entitled to receive an experience certificate or relieving letter from their employer. Withholding these documents and final settlement dues without valid reasons constitutes unfair labor practice.

However, if a relieving or experience letter indicates termination due to proven misconduct or violation of company policy, it can significantly impact the employee's career prospects by tarnishing their record. Despite this drawback, if the employee requires the document and the company refuses to provide it, recourse may be sought through the office of the concerned Labor Commissioner for redressal of the grievance.

It's essential for employees to advocate for their rights and seek appropriate channels for resolution in cases where their entitlements are withheld unjustly by their employers.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
On cessation of employment either on resignation or otherwise, an employee deserves an experience certificate or relieving letter from his employer. An employer cannot withhold the relieving letter and F & F Settlement dues of an employee without any valid reason which amounts to unfair labour practice. But, a relieving/experience letter bearing the stigma of termination of an employee from the Company on proven misconduct or violation of the Company's policy typically amounts to a breach of contract. It adversely damages your career prospects to a large extent because a clean record of a candidate matters the most in the process of recruitment carried on by any employer/Company. However, in spite of this demerit, if you need it and the company denies the same, you may approach the office of the concerned Labour Commissioner for redressal of your grievance.
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Vidhi Samaadhaan Vidhi Samaadhaan

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