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In case, employee has not served his resignation as per the policy and he is marked absconded.. Can there be any legal action against the company for not giving the experience letter to the absconded employee.
Or company has to provide notice period payout option.

From India, Ludhiana
Dear member,
Any employee is expected to serve the notice period as per the terms mentioned in the appointment letter. In case if the employee has abandoned the duties then it is his unauthorised absence. For this misconduct, you may order the domestic enquiry and whether the employee deposes before the enquiry or not, you may award him punishment and it could be "termination of employment".
Your query is on legal issues arising out of withholding the issue of experience letter. However, the question from my side is what your company will achieve by withholding the experience letter? Whether the separation happens in normal circumstances or otherwise, it is better to issue the experience certificate.
For the employee who abandons the duties, you may terminate the services by following the due course of law and issue the relieving letter with the remarks "services terminated on the abandonment of employment". If you follow the normal procedure of handling discipline, you don't have to bother on any type of legal action. However, the issue of the certificate with negative remarks but without following the due process could land you in trouble.
It is given to understand that the new labour codes mandate the issue of experience letter. Therefore, better not to withhold the issue of it.
Dinesh Divekar

From India, Bangalore
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