my question is in which cases an HR department is allowed legally not to give an Experience Letter to an employee who is being terminated. Please note that I am asking about Experience Letter not Recommendation Letter.
From Pakistan, Lahore

Acquiring Experience certificate from a company/organization you've worked in is very important because that is the only standing proof or key to apply for new jobs.

Different companies have different set of norms practiced for issuing relieving letter or experience certificate. From the post above it is not mentioned which your company is.

In some companies they have clauses included in their HR Policies which divest of the leaving employee from having an experience certificate, relieving letter and even last pay, if the employee has failed to serve the notice period. Some firms don't even issue experience certificate if the employee hasn't worked for a specific time in years as said in the policy. eg. Company deprives an employee of his experience certificate if he hasn't worked for 5 years with the firm.

However, we can't blame the company for not furnishing the Experience certificate since everything has to happen as per the clause in the appointment letter, but then Bonded Labour is illegel and an Indian citizen has all Fundamental Rights to employment and make livelihood as per his/her wish.

If you are in very much need of Experience Certificate I recommend you to pursue legally. It depends on how strong your stand is as per civil laws written in Indian Constitution. It is better to take advice from a lawyer if you're to pursue the matter legally.

Best wishes

From United States

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