Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
9871103011
Private Consultant On Labour Laws
Hr@bmcgroup.in
Hr Executive
+1 Other

I am absconding from organisation so company (HR) send me first notice letter but i have not respond to letter. After this HR sends me 2nd letter and when no responded.
And i came back after 3 years asked Service Certificate with my previous Employer . They clearly refused to give the Service certificate .I am planning to go for legal action.What all chances they have and i have
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If you yourself submit before the court that you had "absconded" then there will be no way to win your case. There may be a verdict in your favour and the company will give you a service certificate but the court will not direct the company to give you a certificate that you were serving the company to the merit and your conduct was 'good' but the company would have every right to give you a real certificate which would state that "......was with us as (designation) from....to and his services were terminated after he absconded himself from service and did not avail the opportunities given by the company to join service". Will it be okay for you?
Regards,
Madhu.T.K
Thanks for reply
I am not declaring myself as absconding .My scenario is I went on leave and then sent my resignation through Register post. Now i came back after 3 years asking for service certificate.Now company clearing refusing to give me the certificate under this circumstance "As you were not relived from the service of the company in the normal course,the Company deemed that you have voluntarily abandoned its service as it was also reliably understood that you had already taken gainful employment elsewhere "
Please advice me how can i get just my experiences certificate also i am fine.
Please Suggest
If you have proof that you had sent your resignation then onnly you can say that you had resigned. Still it will be open to the employer just to declare that you had resigned but not completed relieving formalities.
Madhu.T.K
Yes i have the proof of resignation letter. Is there any chance of getting only experience letter by law
Dear Anonymous,
I feel that the persons who are seeking queries, hiding their names, put all hypothetical stories.
The service certificates are normally given to the employees for rendering meritorious or good service with the employer.I can see that all along you have been at fault and now you are in a mood to go to court to claim your service certificate. You didn't bother to reply either of their notices and now you are finding fault with the company.You will agree with me that everything you did was against the employment norms. An employer expect a disciplined, sincere and dedicated work accountability from his employees.I feel that the company should not have objected in giving you the service certificate mentioning that you voluntarily abandoned the service.
As far your going to court for remedy, you are at weak stand and may get court's rebuke for your irresponsible and negligence behavior.
BS Kalsi
Member Since Aug 2011
After having received 2 notices, and ignoring them, you really expect the company to give you a certificate ?
the court is going to consider you an absconded.
What proof do you have of sending a resignation ?
Just a AD of a letter to hr ? How will u show that the letter sent was the resignation ?
I seriously doubly your possibility of getting a court order fir this
Thanks for the valuable reply
I agree my on my fault.i just need experience certificate.if they dnt give relive leter I am fine with that.and now I am ready for settlement also.It was early stage in my carrier I didnt relalized the importance.and my present employeer also not asked,for that.plesse suggest me
Hi,

Would appreciate real honest replies to this :

1) how long was your employment tenure with the company.

2) Was there any act of misconduct or any misbehavior done by you.

3) How were your relations with your reporting manager.

4) Reason for you absconding.

If you cant answer here, ask yourself and get the answers to it, the reason why its necessary to know the answers to this. Is coz, by absconding you had chosen the wrong path, now to get your experience letter, you ought to make up for this, first of all going absconding and then asking for your experience letter after 3 long years itself raises a question on your professionalism.

However better late than you never, you need to realize and accept all your mistakes. Going to the court will only worsen the situation, there are things which could be done in a better way. Visit the office with all your documents i.e. your appointment letter, payslips, confirmation letter, increment letter if any. Speak to the HR,Speak to your reporting heads or managers (if they are still working there) apologize for what you had done. If required submit a written apology letter,and application for your experience letter.

For sure this will not be sorted so soon and easily, you will have to build a good relation with those in the office, making them understand that you are aware of what wrong you would have done, and have taken measures to improvise on the same. You will have to do continuous follow ups but without getting frustrated, in a nice cheerful manner.

But in all this, 1st thing you need to keep your temperament cool, and do not behave aggressively. Again to remind you many issues can be resolved by discussing it over with a cool head and warm words. Make sure you do not speak in any irrational manner.And kindly behave as a real professional now.

Each time that you meet the HR, after you leave the office, drop a mail about the discussion you'l head. Then atleast you'l have some written evidences.
Thanks for the reply.
I am,working there for around 2.6 years.
I have behaviour was good during that course and relation was good with my manager
And I have tried all the possibilties to convince them .But no luck
When they sent me notice they recived my resignation through AD.
I need very badly this experience letter.please suggest

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