Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Bharat Gera
Principal Hr Consultant
Nathrao
Insolvency N Gst Professional

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I am to join in a company in a month. I am intersted in the position. But in the offer letter, it is mentioned that company won't be providing relieving letter and experience letter unless I work for more that 3 years in the company. Can company not provide me the relieving letter and experience letter if they mention so in the offer letter as such if I resign before the mentioned work time ? Kindly help from your experience and knowledge
Regards
Vishnu

The company has made it very clear at the appointment stage itself that it is not going to provide you either the relieving letter or experience letter if you leave service before the stipulated period of three years. You accept the terms and join service only if you are agreeable to it otherwise you may look elsewhere. But the question of having such clause in the offer of appointment is a matter of ethics and the company in question has its view on it. They are trying to have a negative covenant in appointment so as to retain the joinees in service at least for a period of three years. This shows how much the company is desperate for retention of the employees. How far this will be effective only time will tell, but certainly this is not the best way to retain talents. This, the company is only exploiting the unemployment situation.There are world class organisations who pay compensation to people who leave services in the initial three months as he is otherwise going to be a misfit and going to cost the company much more at a later date.
Dear KKHR,
Not only is it compulsory retention type action, it also brings into light the lack of suitable candidates in the market.
The market is flooded with engineers and Post graduates.CAs were seen applying for post of peon recently.
Many people are simply unemployable regardless of official qualification.
I had interviewed an engineer who could not explain "ampere' and "volt" properly.
so companies are trying all methids to retain employees by hook or crook.

Though I concur with M/S KK!HR and Nathrao on their explanatory note about the unconventioal condition imposed by the particular Management for the purpose of retaining talented employees in the organisation, I would emphasize that such a condition smacks of indirect bonded labor system. This condition also implies that no resignation would be accepted within the stipulated period. Suppose, an employee finds a better opportunity within a year or two and submits his resignation, most probably it would not be accepted but only rejected in order to avoid documentation of a formal relief. Naturally, the employee would be tempted to walk out without a formal relieving orders as well as experience certificate deeming the explicit condition in the offer letter already issued as a proof of his tenure in the Company. Then, the Management can play the game of employment abscondment and torture the employee or spoil the back ground verification with a wanton claim of continuation of his services on record. Therefore, I would suggest that if the questioner is optimistic about his employability and shrewd enough, he can negotiate with the Management to substitute the condition with sufficiently long notice period, if any as they deem reasonable.
Dear Mr Uma,
Laws are there in plenty to regulate each aspect of our personal and working life.
But employers take full advantage of the grave unemployment situation in the nation which is getting worse by the day due to uncontrolled and unrestricted population boom.
Employees once they get a job also sometimes take advantage and do what they want. e.g Permanent govt servants are a law unto themselves.
In this situation employee is literally helpless because judicial remedy is time consuming, costly and may not be as useful.
Here employee is caught between a rock and a hard placeIf you leave you don't get documentation or get tagged as absconder and otherwise you are literally bonded labour type.
Only partial solution is employee should try his negotiating skill or take a risk and quit.

Employee has to work as per the policies and offer letter. But the clause which they have mentioned seems to be tricky to hold the employees.
Ofcourse, employee should follow the same but you can request them asking for experience letter if not accepting to provide on the offer letter clause. You can ask them to give any letter or acceptance email of resignation. Please write an email to your manager mentioning your DOJ, NAME, DESIGN., REASON FOR LEAVING and DOL and get the approval. This may help you to provide for the next company.
You can also approach LO, mentioning the same regarding your issues.

Please consider twice before joining as unless you are hard pressed for the job or change of job. Warm Regards Bharat Gera HR Consulta 9322404765nt
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