How Can I Obtain an Experience Letter After Being Labeled as Absconded? Seeking Advice

I have a query regarding the experience letter. I worked in a company as a Trainee for 14 months in 2006 and left the organization after verbal communication with the manager. Now, I requested the company's HR to provide me with an experience letter for my trainee period there, but HR has denied providing me an experience certificate for the same, stating that I was absconding from the company.

I requested them if there is any due, you can recover from me, but the HR department has denied doing any settlement in this case. I would like to add a few points here: I did not get any letter from the company regarding my joining as a trainee. I only got my bank account opened by the company to receive a stipend. Neither did the company send me any warning letter/communication regarding my absence, and now they are saying that I had been absconded from the company.

Please suggest ways to get the experience letter from the organization. Waiting for your valuable response.

Whenever you are dealing with your company, you must have it in writing. Immediately submit an application to your company stating that you have worked from ------ to ------. After verbally obtaining permission from your superior and leaving the job, due to your ignorance (please note that ignorance is not an excuse), you did not submit a written resignation. As a result of the verbal resignation, you have not received any letter regarding your absence. Now, you are seeking an experience certificate. You can mention that you are prepared to return to the office for clearance and to settle any dues, if applicable, which you will pay. By submitting an application, you will have evidence that you have requested the experience certificate.

Can you please mention whether you were on-roll or off-roll as a trainee employee? If you joined as an off-roll employee, you are not entitled to receive a letter from the company but from the consultant on whose roll you were. Assuming you were an on-roll employee, why didn't you ask for a joining/appointment letter within 14 months? Even at the time of resigning, instead of consulting with HR, you just spoke with your manager and left. Did you serve the notice? Was the manager aware of your joining terms? If yes, you can involve him and request HR as suggested by Mr. Bhaskar above.

Thank you.

Dear Prakash,

Can you please mention whether you were an On-roll or Off-roll employee when you were a Trainee? If you joined as an Off-roll employee, you are not entitled to receive the letter from the company but from the consultant under whose roll you were. Assuming you were an On-roll employee, why didn't you ask for the Joining/Appointment letter within 14 months? Even at the time of resigning, instead of consulting with HR, you just spoke with your manager and left. Did you serve the notice? Was the manager aware of your JOINING TERMS? If yes, you can involve him and request the HR as suggested by Mr. Bhaskar.

Many thanks for your response, Mr. Bhaskar and Hiral.

I was a trainee and was receiving a stipend directly from the company. At that time, the company was not providing any appointment letter to trainee staff. The appointment letter was only to be provided to the person who gets regularized by the company. I left the organization because my manager was not interested in regularizing me, and at the same time, I got a good opportunity outside.

As I have not signed any bond or received any letter stating that I should provide a 15-day or 30-day NP.

I need this company experience letter as my current organization requires an experience letter from every company. I am ready to pay all dues to the company, but they are still not interested and have denied providing me with an experience certificate.

Regards.

If as a trainee you were not eligible for an appointment letter, then for sure you are not eligible for an experience letter. You can request a STIPENDIARY TRAINING LETTER, which mentions the tenure and the kind of training you received from your company. It seems the company is adamant about not providing you with anything. Why don't you ask your company if serving notice was the only reason for holding back the letter, or if there is something else they expect?

Dear Hiral/Bhaskar,

I contacted my HR, and they informed me that as I have not served the notice period, my separation is not clear. Hence, they can't provide me with an experience letter. I requested if there is any way to obtain it, even if the company wishes to recover a certain amount upon my relieving, they can deduct it from me. Unfortunately, HR mentioned that their company policy does not allow such settlements.

Request for Legal Guidance

I would be grateful if you could suggest or educate me about Company/Employee Law regarding these issues. Is there any provision in the constitution that assists employees in such matters?

Thanks,

Prakash

As far as I know, these are company policies and have nothing to do with the law. Experience letters and notice periods differ from company to company. The only option I see is to request an immediate meeting with your reporting boss and HR together, to see if they can convince management.

Regards.