Hi, I left my company without serving the full notice period as mentioned in the contract it gives them right to not provide me the experience letter, but now I require the experience letter but the company is denying it. Is there any solution for this.
From India, Bengaluru
Labour Law & Hr Consultant
Doctor Siva Global Hr
Content Marketing Strategist

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Dear Raju,

Since you wantonly failed to comply with the notice condition as stipulated in your contract of employment/ your previous organization's service regulations before your exit, probably you would not have been given a formal relieving orders. This would imply that you are still in the service of the organization and that your absence is abandonment of service.
Therefore, the previous employer has every right to initiate disciplinary action against you and dismiss you, apart from refusing to give you an experience certificate.

Only solution, therefore, could be that you should patch up things by remitting the notice period salary with the consent of the previous employer and get the formal relieving orders with experience certificate.

From India, Salem

Each organization has its own policies. Since you weren’t able to comply with the organization's exit you might not receive a formal experience letter. An experience letter is an imperative form of letter which is received by the employee at the end of his/her service. However, the employee can attempt by providing to the HR team. It is solely up to the HR team to make an exception if they consider the reason to be valid. However, there is no such policy that can obliges the organization to provide an experience letter.
From India, Noida

Dear Colleague,

This is a common scenario in Industry where many employees are not completing the stipulated notice period and due to various personal and official reasons they leave the job from one company and take up next company job. Appointment letter is a formal Contract wherein the terms are to be respected by both parties to the level best. The Companies who are hiring also diluting the fundamental documents like experience certificate, relieving letter etc due to pressure in TA and later on they fire their fingers end up in selecting candidates of incorrect choice etc.

Coming back to the subject, as rightly mentioned by the colleagues, companies are not under any legal obligation under the present legal system to issue experience certificate. If you are able to be in touch with the HR of the previous company and try to convince and get a letter well and good.
Or the option before you is to document the Appointment Order as a proof and salary slips upto your last date as a complied document to show your continuation in the service. The other option is Provident Fund Account Slip that is available to you in the PF portal to prove your service span and you need to convince the HR of the current company.

In future mention the experience in the CV and also mention that experience certificate not available for this span of service and face it transparently

All the Best
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

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