Company holding experience letter ?


I have resigned after serving 15 days notice of my total 2 months. I have asked the hr for buyout on remaining days. But they haven't responded to it yet. Can they still hold my experience letter ?
 
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Advocate

No they cannot hold your experience letter unreasonably. Perhaps they are satisfied with your handover and buyout is not the appropriate remedy for them!

 
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If the company is not willing to issue you the experience letter, it can't be forced to do so.
 
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can they abscond me?
 
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They are not allowing buyout and I can't go for full 2 mnth notice? My managers are not approving my resignation?
 
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Advocate

See the ball is already in the HR's court as you have already resigned and even you are ready to buyout 2 months notice period. But in case the Company establish that if you do not serve 2 months notice period and do not handover the charges, the Company will be placed in irreparable loss. If they are nort satisfied with the buyout then its better to serve 2 months notice period as per the clauses of your appointment letter.

And regarding 'Absconding', the Company can declare you absconded as per their policy. I don't feel if once you are declared absconded an declaratory decree will help you as the Court of Equity always seek that the person who is seeking equity must also do equity!


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Thnx Pradipta.
 
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So as an employee I can't fight it in court bcoz I didnt keep the end of my bargain you are implying. But is there anyway that I would get my exp. letter
 
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Rahul Nair, you must be great to understand the rubbish English of Pradipta Nath. Now turning back to your problem, the suggestion from me is that you cannot win the case against your present employer because they are not violating any of your rights as their employee. However, you must be resigning the present employer since you have much better offer from the other employer, so better talk to them, to seek some favorable alternative in case you're not supplied the experience certificate by the present employer. It is not your fault, if the present employer is hell bent to spoil your career upward.
 
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Advocate

Dear Om Prakash Sir,

Please do not down others as it only deteriorates your position. I even believe that you are more educated and experienced than me, so please don’t feel insecured or jealous if Mr. Niar has thanked me. Better luck next time man!

It seems you are a very busy man, you will definitely refrain yourself from any cheap labour type quarrels. I firmly believe that next time onwards you will advance your energy towards solutions and not cultivate jealousy.

Further I have never seen any Advocate can held openly that the case will be loosed or win, you are really unique Sir!

A small question Sir: - Are you an English man of Indian origin? Please be kind enough to answer this!

 


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