Hi, I've been working for a startup from past 1 year and I resigned from it last month, served the notice and after the last day of my duty all of my accounts were disabled. I tried contacting my manager, initially I was told that it's going to take few days to provide reliving/service letter but later I was straight up denied citing that my performance was not satisfactory and I'm not eligible for any proof of employment. During my term I was given 20 percent hike on my salary within 1 year, so I don't think the performance thing holds very well. What could be the remedy?
From India, New Delhi
As for as private employment there is no remedy for your question. Though you were a performer during your employment, once resigned you do not have any stake on your employment. You prefer submitting copy of resignation letter to your future employer and any proof for PF membership may be shown. In private employment, you need to accept the whims and fancies of your employer.
From India, New Delhi
Dear Naman,
This is very unfortunate that your employer is denying to issue experience and relive letter. The denial of your employer on ground of performance is unjust and illegal. The employer is bound legally to issue the relive and experience letter for his employment with them.
You have left with an option to send a lawyer's notice to the employer(MD/CEO) to issue the relieving letter and the experience letter within a week, failing which you can sue the company to obtain both the documents and compensation for harassment by a court order. You should work for your own rights.

From India, Mumbai
Dear Naman Singh,

I recommend you write a request letter to the MD of your company. You may write that because of the under-performance, your services have been terminated. "Termination" is the highest kind of punishment. On and above the termination, if the service-cum-employment letter is not issued then it will be a second punishment. The second punishment will be harsher than the first punishment as the non-issue of the certificate could nullify your tenure in the company.

Indian jurisprudence mandates that there can be only one punishment for one offence or misconduct. In view of this, request the MD to maintain the spirit of jurisprudence.

Let us see what happens after the submission of your application. If the MD still remains inclement then I will provide you with a further suggestion.

In the meanwhile, please provide us with the information on your employment. Confirm the nature of your industry, your designation and how many subordinates had reported you when you were serving in the company.


Dinesh Divekar

From India, Bangalore

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