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Raja K S Tanwar (SME)     31 March 2023

Experience certificate and f&f not shared

I joined a Pvt University in Gurgaon. Worked there for 5 months and left as I was not comfortable.
Though I served notice for 8-9 days and subsequently surrendered my salary for 22days. Took clearance from all departments and submitted to HR.

Now when, I am asking for Full and Final Settlement Details and Experience Certificate. No response being received from HR. Only overcall HR said that as you have not served 6 months we will share these details but over asking that there is no such thing mentioned in terms and conditions she said nothing and just repeated her words and kept the phone.

So, need to know -

1) Can I file case in Labour Court for this

2) Where I can file case in Gurugram (Haryana) address please.

Seeking support regarding these issues.


 2 Replies

Dr J C Vashista (Advocate)     01 April 2023

What are terms and conditions of your appointment qua termination / resignation from service ?

Your appointment was in teaching or non-teaching staff of the University to ascertain as to whether you were employed as "workaman" or not. 

T. Kalaiselvan, Advocate (Advocate)     01 April 2023

No company would be giving experience certificate for an employment less than 6 months with the company.

If you were on probation, you are elgible for experience certificate.

An employee must have served the company for a predetermined amount of time (as per company policy)

However You can issue a legal notice to the employer demanding F&F settlement and the relieving letter, if it was not given.

You will have to look into the terms of your employment contract before demanding the experience certificate for this short period of employment.

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