Murtuza B (Consultant) 27 October 2013

Updated experience letter

Respected Sir / Madam

One of my previous employer, with whom i was employed with, between 2004 - 2006 and located in their office in Pune, has been taken over by another company. In this situation, which company is eligible and responsible to issue me a updated experience letter as on date.

For e.g. I joined ABC Pvt Ltd in Pune in Jan 2004 who in turn formed MNO Pvt Ltd in a couple of months of joining i.e. from 1st June 2004 and transferred me to the payroll of MNO Pvt Ltd. When i quit MNO Pvt Ltd. in Sept 2006, MNO Pvt. Ltd. was still a Group company of ABC Pvt. Ltd. However, in 2008, MNO Pvt. Ltd. along with 2 other entities merged into RST Pvt Ltd. and RST Pvt. Ltd. was then taken over by XYZ Pvt.Ltd.

In this situation, if i need an updated letter of experience for my tenure with MNO Pvt. Ltd., which company should i approach for the same - old employer ABC Pvt. Ltd. OR new owner XYZ Pvt. Ltd.

I would like to know my rights as an ex-employee in this situation. Request your advise on the matter.

Thanks in advance for your guidance.

Regards,
Murtuza.

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 October 2013

Generally at the time of merging companies, there will be a clause that existing employees status. If the new company taken over the employees, then experience period will be counted.

Murtuza B (Consultant) 27 October 2013

Hi Sir,

Sorry i did not understand your reply.

But i was with company MNO which is no longer a legal entity; parent company of MNO was ABC Pvt.Ltd at that time when i was employed with MNO Pvt Ltd. In 2008, MNO was taken over by another company XYZ Pvt Ltd. I had already resigned from MNO Pvt Ltd in 2006 and the merger and acquisition by XYZ Pvt Ltd took place in 2008. So at the time of my resignation my employer MNO Pvt Ltd was fully owned by the parent company ABC Pvt Ltd.

The parent company ABC Pvt Ltd is still existing. Is the parent company legally obliged to provide me a updated Letter of Experience for my tenure with one of its group companies - MNO Pvt Ltd.

Or is the new owner of MNO legally bound to issue me the updated letter of experience. Personally, with my little knowledge about corporate law, i think that the parent company ABC which is still existing should be able to issue me an updated letter of experience. However, your expert legal opinion is more important.

I need an updated letter of experience. By law, who must provide this to me - ABC, the parent company or XYZ the new owner.

I can then approach them accordingly if with your assistance i could quote them the exact rule to be followed in such cases, as mentioned under Corporate laws.

Please advise.

Thanks,

Murtuza.