Keerat Kaur (HR) 16 October 2020

Experience letter

If I have failed to comply with notice clause mentioned in my appointment letter and have not paid payment in lieu of notice and was terminated on grounds of non compliance of notice clause and received the termination letter from my HR. Can I still demand experience letter?

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Quick Summary

If you've been terminated for failing to serve the notice period or pay in lieu of notice, you may still be entitled to an experience letter. While employers can seek payment for the unserved notice, this typically shouldn't be the sole grounds for withholding an experience certificate. It's advisable to formally request the letter in writing and seek assistance from a labour inspector or legal professional if your employer refuses.

5 Replies

G.L.N. Prasad (Retired employee.) 16 October 2020

The facts appear to be lacking in substance. For not issuing notice period, the employer may demand such repayment of money (salary for notice period) and that can not be reason for termination. In case of termination, the employer has to follow a laid down procedure of issuing charge sheet, inquiry, hearing etc., Please come out with facts, and if you have secured employment elsewhere and abandoned the appointment without notice to past employer, inform such details including the nature of work entrusted to you. Contact local Labour inspector/Asst. Commissioner, or Union/Association for help.

Adv Vinay Mathur + 8447131770 (Advocate) 16 October 2020

Employee has a right to experience certificate, you demand the same in writing and give them a weeks time, if they don't comply you complaint to labour commissioner.