Absconding from Work: Can I Still Get My Service Certificate After 3 Years?

I am absconding from the organization, so the company (HR) sent me the first notice letter, but I have not responded to the letter. After this, HR sent me a second letter, and when I did not respond, I came back after 3 years and asked for a Service Certificate from my previous employer. They clearly refused to give me the Service Certificate. I am planning to pursue legal action. What are the chances they have, and what are mine?

If you submit before the court that you had "absconded," then there will be no way to win your case. There may be a verdict in your favor, and the company might give you a service certificate, but the court will not direct the company to provide a certificate stating that you served the company with merit and your conduct was "good." The company would have every right to issue a certificate stating that "... was with us as (designation) from... to and his services were terminated after he absconded from service and did not avail the opportunities given by the company to rejoin service." Will it be okay for you?

Regards,
Madhu.T.K

Thank you for your reply. I am not declaring myself as absconding. My scenario is that I went on leave and then sent my resignation through registered post. Now, I have returned after 3 years and am requesting a service certificate. However, the company is refusing to provide me with the certificate citing the following circumstance: "As you were not relieved from the service of the company in the normal course, the Company deems that you have voluntarily abandoned its service as it was also reliably understood that you had already taken gainful employment elsewhere."

Please advise me on how I can obtain just my experience certificate. I am fine with that. Please suggest.

If you have proof that you sent your resignation, then only can you claim that you resigned. Still, it will be open to the employer to declare that you resigned but did not complete the relieving formalities.

Madhu.T.K

Yes, I have the proof of the resignation letter. Is there any chance of getting only an experience letter by law?

I feel that the persons who are seeking queries, hiding their names, put all hypothetical stories. The service certificates are normally given to the employees for rendering meritorious or good service with the employer. I can see that all along you have been at fault, and now you are in a mood to go to court to claim your service certificate. You didn't bother to reply to either of their notices, and now you are finding fault with the company. You will agree with me that everything you did was against the employment norms. An employer expects disciplined, sincere, and dedicated work accountability from his employees. I feel that the company should not have objected to giving you the service certificate, mentioning that you voluntarily abandoned the service.

As far as your going to court for a remedy, you are at a weak stand and may get the court's rebuke for your irresponsible and negligent behavior.

Regards,
BS Kalsi
Member Since Aug 2011

After having received two notices and ignoring them, do you really expect the company to give you a certificate? The court is going to consider you an absconder. What proof do you have of sending a resignation? Just an email or letter to HR? How will you show that the letter sent was the resignation? I seriously doubt your possibility of getting a court order for this.

Thank you for the valuable reply. I acknowledge my mistake. I just need an experience certificate. If they don't provide a relieving letter, I am fine with that. I am now ready for settlement as well. It was an early stage in my career, and I didn't realize the importance. My current employer has also not asked for that. Please suggest me.

I would appreciate real honest replies to this:

1. How long was your employment tenure with the company?

2. Was there any act of misconduct or any misbehavior done by you?

3. How were your relations with your reporting manager?

4. What is the reason for your absconding?

If you can't answer here, ask yourself and get the answers to it. The reason why it's necessary to know the answers to this is because, by absconding, you have chosen the wrong path. Now, to get your experience letter, you ought to make up for this. First of all, going absconding and then asking for your experience letter after 3 long years itself raises a question on your professionalism.

However, better late than never, you need to realize and accept all your mistakes. Going to court will only worsen the situation. There are things that could be done in a better way. Visit the office with all your documents, i.e., your appointment letter, payslips, confirmation letter, increment letter if any. Speak to the HR, speak to your reporting heads or managers (if they are still working there), apologize for what you had done. If required, submit a written apology letter and an application for your experience letter.

For sure, this will not be sorted out so soon and easily. You will have to build a good relationship with those in the office, making them understand that you are aware of what wrong you would have done and have taken measures to improvise on the same. You will have to do continuous follow-ups but without getting frustrated, in a nice cheerful manner.

But in all this, the first thing you need to keep your temperament cool and do not behave aggressively. Again, to remind you, many issues can be resolved by discussing it over with a cool head and warm words. Make sure you do not speak in any irrational manner. And kindly behave as a real professional now.

Each time that you meet the HR, after you leave the office, drop a mail about the discussion you'll have. Then at least you'll have some written evidence.

Thank you for the response. I have been working there for approximately 2.6 years. My behavior was good during my time there, and I maintained a positive relationship with my manager. Despite trying all possible means to convince them, I had no luck. When they sent me a notice, they received my resignation through AD. I am in urgent need of this experience letter. Please advise.

I'd like to appreciate the fact that you've no longer tried hiding your identity. Did you try convincing them after they sent you the notice, or rather did you follow up with them after you sent the resignation? Do you have any written proofs of you approaching them? Do you have any emails from your end or the HR's end confirming that they received your resignation?

If not, then forget the verbal efforts you made in the past and start from scratch. Your relations, as you said, were good with your manager, so this should work for you. Drop a mail to HR, keeping the manager in CC, mentioning your employment tenure since your DOJ, your reporting details, and the last working date. Apologize for your misconduct and humbly request your experience letter.

Meet your manager and HR. If, after making all the good efforts and continuous follow-ups through emails, HR still does not entertain you, forward the same emails to your Senior Management (maybe the CEO), where again you accept your mistake, apologize for the same, and request your letter.

But before approaching the Senior Management, have a couple of follow-ups done with the middle-level management and HR. Follow the hierarchy.

Again, it is a request to you to be a little more professional in your approach. Let them know that you need the experience letter but do not beg for it. Apologizing is one thing, and letting your dignity down is another.

Once again, thanks for the reply. When they sent me a notice three years ago, it mentioned that they had received my resignation letter but did not accept it. I sent emails to my manager, HR manager, and CEO. However, they have not replied to my emails despite numerous follow-ups and calls.

Finally, I sent a registered post requesting my letter. They replied, saying that since I am already working somewhere else, they cannot provide a service certificate. Please advise.