Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Pvenu1953@gmail.com
Retired Government Servant/advocate

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Dear All, I would request seniors for a kind suggestion on below issue. One of my brothers worked for one MNC for about 18 months, and due to one very minor mistake the management has terminated him during lockdown period. He is asking for an experience letter and relieving letter. But this is the reply from company's HR "I am afraid, as per company policy, since it is a termination case we do not provide relieving letter.".

Now my brother got a new job in other reputed company. He submitted the documents like Appointment Letter and last drawn payslip except for releiving/experience letter from previous organization. The challenge here is the new company is asking the previous company acceptance letter/experience letter/ relieving letter. Without that, it is difficult my brother to prove 18 months gap.

I would request seniors guidance here on how to proceed further and get a relieving / experience letter from the organization. Which would really help him prove 18 months work experience in previous organization. Will that effect new job if previous organizations don't provide a certificate? Or do we have to stop asking for a relieving letter and forget previous 18 months experience? Kindly suggest!!

Thanks and Regards

From India, Visakhapatnam
Hi Kanna,
There is no substitute for a relieving letter. Possessing one for every time one changes jobs solve many problems and helps you proving how one's career grew. A RL is rightfully due, in addition to an experience letter. You have to approach your previous employer repeatedly on this and obtain. No other go if the new employer insists.

From India, Bangalore
Dear Dusa-Mohan,

As you are well aware punishments in one's career on disciplinary grounds will have its negative impact on employability elsewhere. Particularly when the punishment is termination even on a minor misconduct, many employers would be skeptical to select such a candidate. However, if the termination is due to any performance issue involving error of judgment without causing financial implications or loss of reputation to the employer, some employers may ignore it provided the candidate is exceptional in all other respects.
Its also important whether your brother mentioned it in his application for the new job. I think that either your brother would not have mentioned wantonly or would have applied for the job prior to the punishment of termination.

I am also not able to appreciate such a policy of not issuing relieving letter or experience certificate in cases of termination. The attitude of the Company is like adding insult to injury in order to thwart the future employment of the individual.Your brother can approach the previous employer once again as suggested by Mr.Kumar.

If he was in workman category let him raise an industrial dispute u/s 2-A(1) of the IDA, 1947 against the termination. The previous employer may come to terms to either modify the punishment or issue the relieving order to avoid unnecessary litigation in Labor Court. Try to meet the CEO of the previous Company.

From India, Salem
Dear Dusa-Mohan,

Every employer is expected to issue a Relieving letter/ Service certificate when an employee leaves or relieved from the services for reasons whatsoever.

May be in the certificate against the column "Reason for leaving" the employer would furnish the reason like Resigned of Terminated .

Most of employers would not penalization the employee being relieved with reasons like termination as it would jeopardize the chances of the employee to seek job elsewhere and simply put

"resigned"against the column after collecting the resignation letter.

Unless termination was not occasioned due to an integrity issue or loss of reputation to company or financial misappropriation and if it is for other reasons , you can explain to your prospective employer the reason for the exit including the refusal of the erstwhile employer to give a relieving letter/service certificate . Probably the prospective employer may accept your reason and accept you in employment , But you should make your full efforts to appeal to your present/erstwhile employer to issue a relieving/service letter .

It could not , however be ruled out that the new employer could do a discreet verification to find out the exact reasons for your exit from previous job. If you have superseded any reasons like an integrity issue or malpractices which led to your termination ( leave alone workmanship /expertise) you run a risk of being thrown out anytime

It is upto you to deal with the matter appropriately

Panchsen

P.Senthilkumar



9884009193

From India, Chennai
Thank you very much Kumar for your valuable suggestion.
From India, Visakhapatnam
Had the former employer followed the due process before termination?
From India, Kochi
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