How Can I Get My Relieving and Experience Letters When My Former Employer Refuses?

Hi,

I have worked for a staffing firm for 4+ years as an HR Resource and had the chance to utilize my skills for various functions at different levels of management. I left the firm on personal grounds last year. However, the firm refuses to issue any relieving letters or work experience letters, even after I served the mandatory 1-month notice period. Whenever I approach them to settle my dues, I receive the same response: "You left on your own - we cannot issue any documents." I am concerned about my future assignments and would appreciate any suggestions.

Regards,
Kiran Kumar

Simple. File a complaint in the labor commissioner's office. Then they themselves will contact you to resolve your issue.

Hi Balaji,

Is it possible? I don't have any documents to prove my employment except for my appointment letter at the time of joining and my business card at the time of leaving. The only email evidence I have is my resignation email, which I BCC'd to my personal ID.

Regards,
Kiran

Hi Kiran,

As you said you have a resignation mail, do one thing - whatever conversation you are having with them, do it through email so that you will have evidence of what they are saying. This will play a major role in the case.

You can file a suit since you have an appointment letter as proof of employment with them. They must be issuing the salary to you with the salary slip (with proper stamp and signature). Every company has the MIS of salary and current as well as former employees, so don't worry, just go ahead with the labor court.

Dear Mr. Harshal,

Thank you for the insight, but let me admit that I was in a honey trap over there. Internally, none of the employees were issued any form of salary slips. They maintain the salary MIS, but we used to sign on vouchers (salary was issued in the form of cash). In spite of being in the system for long, I could not change these basic things within the company. I often felt that it's too much murkier, and things never settled down, even though the management made huge promises.

And Kiran,

You must also be having your resignation letter stating that you are resigning, and the notice period starts from .... to ....... That's enough to fight for your settlement. Appointment letter, resignation letter with notice period dates, and any other correspondence are enough. Go ahead. The labor commission is for the labor, not the management.

Balaji,

Yes, it has the date for me to put down the mandatory notice period of 1 month and the last working day of the month. Sure, will proceed.

Thank you.

You must have your resignation acceptance signed by your manager. You can use this document as proof.

Trust it is going to help you.

Sorry to say, but it is true that most of the consultancies are exploiting their own employees. If you have sufficient documentation to support your case, simply file a complaint with the labor commissioner.

Dear Mr. Kiran,

Please bear in mind that always filing cases with the Labour Commissioner is very easy, but getting justice as an individual is not easy. Due to this, you not only lose your chances of getting an experience certificate, but also your tendency to air grievances through courts/labour commissioner will be apparent wherever you attend an interview.

Based on my two-decade-long experience, I infer that most people who are reporting problems with their employer on this site are not disclosing the other half of the circumstances they have created with their employers.

Everybody is a human being, and with few exceptions, nobody will intentionally create problems for departing employees; instead, they would offer help. Therefore, please exercise restraint in seeking legal remedies as it could leave a negative mark.

If you are truthful, most employers would likely accept your experience if you provide your appointment order.

Best of luck

I agree with Ramnag.

Keep your appointment letter, any increment letters, company communication in chronological order. If you are good in interviews, then even if you don't have proper relieving formalities papers with you, still you will be hired.

Don't waste your time; it's better if you can take a letter from one of your prestigious client companies that you have worked for. This way, you can provide important people from the industry as your professional reference; that should work for you.

Thanks,
Geeta

Dear Kiran,

Geeta's suggestion is also an excellent one. Nowadays, I come across many restless youngsters on this site who are suggesting or opting to antagonize employers or seek legal remedies. This behavior could definitely ruin your career. As HR professionals, we should set an example for others and should not misguide youngsters into pursuing legal actions or antagonizing their superiors. Such actions are not easy and, in most cases, would backfire.

Thank you.

Hi Kiran,

Just talk to them once again and ask if they have any plans of providing you the relieving letter. If they still say no, you could mention that you are considering taking legal action. I am confident that they will provide you with the required documents.

However, you have not mentioned the grounds on which you left the organization. Regardless of the circumstances, they are obligated to provide you with a proof of work experience.

The reason they gave you, "Left on your own will," is not a valid reason to deny issuing the relieving letter. People leave organizations either voluntarily for better opportunities or due to disciplinary actions. In both cases, a relieving letter should be provided upon exit.

A relieving letter is not only for your prospective employers. It signifies that you have completed all your obligations with the organization. Failure to provide one could potentially create problems in the future, as they could question your employment status with them.

Think and act wisely.

Thank you.

Just for the information of everyone, I made the mistake of not obtaining the relieving certificate of an employee (a good performer) who joined us 5 months ago. Recently, I received an email from the CEO of this employee's ex-employer, requesting me to justify the basis on which I hired him.

In fact, the individual had a similar issue—a problem with his previous employer. Therefore, the reference check regarding his character and performance was carried out with other top industry contacts. Despite this, and the fact that the employee served his notice period, the previous employer came back demanding a justification.

Legal action is the right approach. If people do not speak up, there will be no improvement in HR practices, working conditions, and fair treatment of employees. Young individuals should not hesitate to pursue legal action. Just the mention of legal matters can prompt employers to reconsider their actions and behave appropriately. This change must begin now; otherwise, such incidents will continue.

"I agree with Ramnag. Keep your appointment letter, any increment letters, and company communications in chronological order. Even if you lack proper relieving formalities, having a strong interview performance can still lead to being hired. Do not waste time; it is beneficial to obtain a letter from a prestigious client company to use as a professional reference. This will provide influential industry individuals vouching for you. Thanks, Geeta"

My dear Ash,

Coming to your case, if you apply your calm mind, you will agree with me that if an ex-employer is taking on this candidate continuously wherever he goes (that too, he has served only 5 months), does it mean that this candidate's service is absolutely required by them (as if HR positions are so scarce)? Hence, the essence of insisting on a "Relieving certificate" is to ensure his good conduct in previous companies.

I agree that some employers may refuse to provide a service certificate, but definitely, they would not follow the candidate wherever he goes unless the candidate has had some serious problems (disciplinary) with that employer.

Furthermore, you can win legally, but be sure it will be the end of the road for your career as no future employer would prefer such a candidate.

In my rich experience, 99% of employers would try to send off even stained employees by asking for resignation only and would not ruin the future as it would not be their business to pursue each and every candidate unless the employee has acted beyond an intolerable limit.

I have encountered a significant number of cases where individuals have opted for legal remedies and are still fighting for justice even after decades.

On this ground, I am very sure that if you have high credentials in your past companies, getting other jobs would not be a serious problem without a relieving certificate.

Furthermore, please distinguish between a "good performer" and "good behavior" as the latter is also very important to run the organization.

Best wishes

Hi Geeta,

It's not such a big issue that one should think of legal battles. Four years of experience means you are just at the beginning of your career. Even without half the documents with you, you can still join any prestigious company. If you manage to impress the interviewer that you actually have four years of experience, i.e., what you convey in the interview is perceived as equivalent to four years of experience, then people will hire you. So, relax. There's no need to get worked up about taking legal action.

Thanks,
Geeta

Dear Friends,

I fully agree with what Ms. Ash Matthew has suggested. In addition to this, I suggest that you give a legal notice on the grounds that the company is not issuing salary slips from the beginning. Also, mention other non-compliances of the company and copy the concerned Labor Commissioner. This action will definitely yield results.

Furthermore, involving yourself in legal cases for your legal rights has never harmed anybody. If any company refuses to offer you a job merely on this basis, then I would advise against making the same mistake of joining such a company again.

At least you have seen my view.

In a few cases, I found as an individual it's tough to fight for your rights because once you leave the organization, you may not be allowed back if you are not a welcome person. In such situations, legal action is the only way out.

:icon1:

Have you ever tried to know if unethical companies also manage to keep key people like the Labour commissioner or inspector in their pockets? 😄 The inspector is often well bribed to turn a blind eye when an issue is not really an issue. Try to be smart and not an action hero like Sunny Deol in action movies in this context; such action is not necessary here. Many cool methods exist to navigate through challenges and enjoy life. 😜 Life is short, so try to make the most of it and avoid unnecessary mess. 🙂

Dear Ramnag,

It's not an HR position - it's related to the garments field - a highly "rare" set of profiles are there that match the requirement.

Regarding an employer going after a candidate: Ours is a highly competitive industry (and being Coimbatore - the textiles city - you know, business is just LIFE here). He learned from someone that this person joined the close competitor company - and hence the gesture of getting in touch with me.

Either way, don't you think that Kiran here is in trouble - you say if he goes legal, he will not be pursued by other employers; well - if he does not get his relieving letter, he will not get a job easily.

I would say: Put a word across that he is going legal - need not go in-depth unless things call for that. :-)

To your rich experience, 99% of employers are good. Fine, I agree to that. The problem is we get to see here a lot of the employees from the remaining 1% companies :-) otherwise why would someone raise a problem here.

I have clearly defined - Good Performer. Good Behavior - comes after the person's tenure with the company (or at least observation during the probation period). The employee is exceptionally good. And as I mentioned, has strong industry references.

Cheers!

Maybe you have seen companies having labor commissioner/inspector as key contacts. I have seen companies which avoid anything legal because no files would have ever been documented under the Factories Act, no compliance at all. Such companies, when they realize someone is planning to go legal, get their act together and work fine (at least to relieve properly). No one has to go into deep legal action; first, they must tell and see what's the response.

Adding to your line: Life is too small, try to make the most out of it, don't get into a mess when it is not required... :)

I would say, "Life is too precious, and not something you can let an unethical person walk over and ruin it. Do what you can to make life the best because you're worth it!"

Dear Geeta,

Please don't underestimate the legal system of India. Even if the labor officer is not listening, you have the option to appeal to the Labor Commissioner, Regional Labor Commissioner, and more. How many Commissioners/Officers have pocketed just for the sake of a relieving letter? I hope I am making sense.

Regards

Hi Geeta,

Why? Why?? Why get personal??? Calm down, please. Let everyone have their own opinion. And of course, Ash has been a good contributor. :icon1:

It is quite common to find certain 'baniya' companies indulging in such unethical inhuman practices. It is either 'grin and bear it' or fight against the injustice - a question of making personal choices. But if people don't stand up for their rights, it will help perpetuate such malpractices. Moreover, the enforcement machinery of the government lies unutilized for lack of complainants coming forward.

My personal advice: Do raise your voice, even if you don't get any results. At least you have the satisfaction of doing the right thing. And believe me, this satisfaction is something one cherishes over a lifetime. It helps you in facing tough times, it's a great motivator, it makes you feel proud of yourself.

I would rather forego the comforts of life that comes with being a wimp. The feeling of holding one's head high is priceless.

Regards.