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Rahul Nair   17 May 2019

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 ?

 13 Replies

Pradipta Nath (Advocate)     17 May 2019

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

Rahul Nair   18 May 2019

can they abscond me?

Rahul Nair   18 May 2019

They are not allowing buyout and I can't go for full 2 mnth notice? My managers are not approving my resignation?

Pradipta Nath (Advocate)     18 May 2019

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!

1 Like

Rahul Nair   18 May 2019

Thnx Pradipta.

Rahul Nair   18 May 2019

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

Pradipta Nath (Advocate)     19 May 2019

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!


1 Like

Pradipta Nath (Advocate)     19 May 2019

You are not the owner of this platform. And I can't take suggestions of etiquette from a jealous guy. God bless you. And thank buddy for answering my question!!

Pradipta Nath (Advocate)     19 May 2019

Do you think your English is good. Have anyone told you or you yourself beating your drums?

Pradipta Nath (Advocate)     19 May 2019

@om Prakash, You are a self claimed man then! God bless you! As far my limited knowledge in English is concerned, English is a language of gentleman. But your usage of words like rubbish in the first instance and poor fellow afterwards seems you lacks the basic, which converts yourself into down market!!! Again a lawyer's language should be very gratitude, but the way you are addressing to the other legal fraternity is very cheap, which you are proving repeatedly in your English writing. Are you an Advocate? Or just a workless law reader? You may know more law than me, I am confident with what I know and still have the guts to learn.

Rahul Nair   19 May 2019

Thank you all. I would request if we don't quarrel on something like this. But I have seen some other forum like quora where its been quoted that irrespective of whether you have completed your notice the firm can't hold your experience letter notice period is served to get salary ?

Rahul Nair   19 May 2019

So there is no option for me to take legal advice.

Pradipta Nath (Advocate)     19 May 2019

If you don't serve notice period, issuing experience letter may be optional for the company. But if you honour the appointment letter's clauses and inspite the company did not provide release letter or force you to work, atleast you can contest your case with merits. The company will be estopped to take the plea that as because you have not served notice period, they have suffered and therefore as per it's policy you can't be issued release letter or experience letter.

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