Stuck in a 5-Year Contract: How to Handle Leaving Without an Experience Certificate?

I have signed an agreement cum appointment letter, and as per the agreement, I have to serve the company for a minimum of 5 years. I know my employer would not issue me an experience certificate or relieving letter if I leave before completion of 5 years. Can anyone tell me what I should do in that situation?

For your information, I work in a hotel as an assistant manager, and there are no expenses being incurred by the employer for any type of training. Moreover, I am the most highly and technically qualified staff among the other management cadre.

Dear Pallav,

I found a similar question and answer on www.vakilno1.com that may be useful to you:

Q: I wish to know the consequences of breach of employment bond given by an employee. On the employee himself, on the company that employs him subsequently. If the bond states that the employee can be used for criminal breach of trust upon breach of the bond, how enforceable is this clause?

A. Regarding the breach of the employment bond given by an employee, it is advised that if an employee has signed a bond after receiving specialized training from the company, then a civil case can be filed against him for the recovery of the amount mentioned in the bond in case of any breach. As for the company that subsequently employs him, there is no liability on the company. Breach of the bond is not a criminal breach of trust; it has civil consequences that have to be proven in a court of law. In no way can it be termed as a criminal breach of trust.

What I understand from the answer is that if you resign from a job or leave the job (if your resignation letter is not accepted by your employer), leading to any 'civil consequences,' such as non-performance of work undertaken by a contractor/company under a contract, resulting in losses incurred by the contractor/company, then your bond holds significance. The company has to prove in court that it suffered losses due to your actions of leaving the job. That is what I understand by the phrase "civil consequences."

The legal expert's opinion is that the breach of a service bond (contract) is not a 'criminal breach of trust.'

Regarding your "experience certificate," I believe that if you have experience in the company, the company is obligated to provide you with an "experience certificate." This has nothing to do with your departure from the job. Whether you completed the term or not is a separate issue. You worked there for some time, and hence, your employer is obligated to disclose facts to all concerned parties. Your departure from the job and the experience certificate are two distinct matters; your employer cannot refuse to issue an experience certificate on the grounds that you left the job before the agreed term completion.

If you have firmly decided to leave the job and are prepared for any legal consequences, offer a resignation letter to the company. They may say, "we will not accept" or "we will not take." If they refuse to accept, you can compel them to take it by stating, "if you don't accept my resignation letter, please state that in writing, but you cannot refuse to take the letter."

Once offered, you can request an "experience certificate" from the date of joining to the date of resignation, as it is not illegal to compel someone to document known facts in writing.

These are my personal views on the subject.

[Login to view]

Dear Pallav,

It all depends on what the clauses are in your agreement cum appointment letter. I was inquisitive to know - why sign an agreement for "minimum" 5 years and then worry? Most agreements binding employees to a company are illegal and not supported by law. The exceptions are where the company expends considerable time and effort (especially money) on you for training or a special purpose related to your job. They have the right to claim it back from you.

Though commenting without seeing your agreement cum appointment letter, I bet that you can quit anytime you want provided you serve a notice period or pay in lieu thereof (if specified in your appointment letter). The relieving letter and experience certificate are issued by the company, and there is nothing to force the company to issue it spontaneously. You will have to request it. If you fear that they will not give it easily, your alternative may be to quit the job and join elsewhere.

Rahul 09968270580

Hi!

My response would be a bit different from others. I hope you will not feel offended by this. Why are you worried about what will happen if you leave the company before 5 years? Why don't you think positively about completing the 5-year term successfully? I presume from your query that you have recently joined this organization. Please correct me if I am wrong.

If you have joined recently, you need to concentrate on your job and ways to enjoy your work. Thinking about the consequences of not completing the stipulated term should not be in your priority list at this stage.

I know standards of loyalty and job satisfaction are quickly changing. But isn't it that we are concentrating on things that should not consume all our attention?

Think and reflect.

You have done the right thing by asking a question to the forum, and you must be given an answer to your question. For that part, the law is on the employee's side in such cases. You have the right to select your employment, i.e., your right to earn your livelihood. As far as the experience letter is concerned, in my view, it is the company's description.

Dear Rahul and Pallav,

The usage of the word "force" in my letter does not imply the use of "criminal force." Just as Pallav's employer cannot force him to work by using criminal force, Pallav cannot use "criminal force" to obtain an "experience certificate" from his employer.

Fear arises in our minds when deciding to leave a job with a bond. An employer cannot physically detain us in the office to coerce us into working. If we cease working, the employer may file a lawsuit, and the case's duration depends on the court's availability. In India, it can sometimes take more than 10-15 years to reach a final judgment in a case.

From Pallav's perspective, if he cannot obtain an "experience certificate" on demand, his only recourse is the Court of law. However, obtaining a favorable judgment in his favor is challenging due to the delays in court proceedings. Even if a judgment is delivered in his favor after 10 years, it may not be beneficial if justice is delayed.

The pressing question is whether we can obtain what we are legally entitled to without court intervention from those obligated to provide it. If not, can the purpose be considered fulfilled if the court delays its judgment?

You and I understand that Pallav is entitled to receive an experience certificate from his employer. However, the employer refuses to provide it without a court directive, which may come too late. How can we enjoy our legal entitlements in such circumstances?

Recently, my friend faced a similar situation with his employer. He submitted a resignation letter due to harassment through a malicious disciplinary proceeding for a short absence from work. The employer refused to accept the resignation, creating uncertainty about potential punitive actions such as compulsory retirement or dismissal.

When my friend confronted the employer, stating, "If you do not wish to accept my resignation, inform me after receiving and acknowledging this letter, but you cannot outright refuse to 'receive' the letter...". What options do we have if the employer refuses to accept the resignation? Can we resort to criminal force? Seeking assistance from law enforcement agencies like the police or court to compel acceptance of the letter is time-consuming and strenuous.

Many legally entitled privileges, such as resigning from a job or obtaining an experience certificate, require court intervention rather than voluntary compliance from the employer.

Our dilemma lies in relying on the "goodwill" of our employer or on the courts' ability to deliver timely justice. There seems to be no alternative.

[Login to view]