Navigating Resignation, Experience Letters, and Employment Policies: Expert Insights

I don't know what to do now. I was working for an organization and completed 10 months. Due to a certain conflict with them, I impulsively took a decision of not going to the office from the next day. I drafted an email notifying about my resignation and stopped going to the office. Now, after a few days, I am realizing that they won't be giving me my experience letter. Now I am worried about what will happen in the future. I don't have any job, and in my future company if they ask me for all this, then what should I do now? I know whatever I did was wrong, I realize that, but now what can happen.

Dear [Login to view],

It's good that you realized that you made a mistake. Now, there's no need to worry about what happened. Don't put yourself in more difficult situations by overthinking. Take a break or journal about the issue daily to help you feel more relaxed.

Now, let's address your problem:

1. Attend interviews and secure a job. When joining or during the interview, inform the HR that you don't have experience certificates. However, they can verify your experience through a telephone call (provide your reporting manager's contact details or company contact information). Be cautious here; if you have a history of misconduct or fraud in your previous company, your reference may be negatively impacted, hindering your job prospects.

2. Approach your previous employer and explain that due to genuine reasons (such as relocation for work), you are moving out of the city. Kindly request an experience certificate. Ensure your communication is polite and respectful, avoiding any hint of arrogance. Maintain a professional demeanor, and consider conveying a sense of understanding or regret.

I hope these suggestions help you navigate your current situation effectively.

Best regards.

Can you tell me one thing, if the company asks me why I did not get my experience letter and relieving letter, what should I do?

Also, I haven't done any fraud; just the thing is that as I have not given my notice period. So if any company calls them for a reference, they won't give a positive reply.

What's the experience level and in which domain do you work?

If you want your experience letter, then the only option is for you to go and request your previous company to provide you with the same. If you are lucky and ask the right person after giving a proper reason, then only you might be able to get the letter. Otherwise, it is always better that you inform any new company about the conditions due to which you left the previous company OR you should not show that experience in your resume.

This is an experience from which you should learn "not to repeat such an instance again in the future".

I will support what NVS123 mentioned. Approach your previous employer and admit it was a hasty decision and not the correct way of leaving the company. Although you cannot take the decision back, ask them what you need to do to get the experience certificate. Be polite and handle the situation carefully. Even if they ask you to serve a notice period, think of doing it and leave gracefully.

I feel this is more appropriate for the reason you will not have to explain to your future employers all the time about the non-availability of an experience certificate. Hope it helps!

Regards, Vaishalee Parkhi

The only problem is that, believe it or not, they had set a condition a few months back: either sign a bond of 3 years with us, or if you don't sign the bond, then we won't be giving any documents to anyone. Previously, the employees who left after serving a 3-month notice period also haven't received their letters yet. So, I know they won't be giving it to me either.

It is because of this policy that I decided to quit. The issue is that when they set this policy, almost everyone agreed, and only a few of us disagreed. So they started troubling us. And then whoever left, nobody got their documents. It's been 6 months now, the employees who have served notice periods have not received their documents. They keep delaying it.

When a service provider/employer changes policies, I believe ethically they need to circulate the same and get the consensus of the parties involved. What your ex-employer is doing is gross demeanor.

I know that. But now what do I do as this will affect me. How do I explain these things to the next company? Will they accept it?

Did you and your colleagues raise a concern to oppose the new policy of signing the bond in writing, or was that just a verbal gesture? Do you have any proof to strengthen your case?

They communicated it verbally about the bond initially, and we all opposed it verbally, nothing in writing.

Secondly, what is the tenure of your employment with the company? 9 months.

When was the bond system introduced? Were you all informed about it? How was the communication regarding the new amendment made? Was a consensus taken?

The bond system was introduced when I completed my 6 months, and initially, it was mentioned that they were considering introducing it due to a high attrition rate. Around the end of May, everyone was called individually to sign the bond. When I was called, I asked the HR about the terms and conditions.

1) She said it's a 3-year bond, and if you leave, you will be liable for a penalty. Even if you serve the notice period, you won't receive your letters. During the tenure, if the company feels you're not performing well, they can terminate your employment without prior notice, asking you to discontinue the service the next day.

2) If I don't sign the bond, I can continue with the job, but I won't receive any documents or good feedback for reference checks.

When I expressed my concerns, mentioning:

i. the salary being low,
ii. the lengthy commitment of 3 years, and the risk of not getting documents in case of emergencies,
iii. the need to consult with my family,

The HR asked for a decision by the next day. I informed her that I wasn't comfortable signing the bond. She mentioned informing my project manager and letting me know their decision.

Subsequently, in the 3rd week of June, they announced that those not signing the bond would not receive any documents. Despite some raising concerns about fairness, they stated it as a policy that would not change.

I continued working until the 2nd week of July, but the situation worsened with regular taunting and insults becoming unbearable. Even trivial actions like having an extra cup of tea or coffee led to taunts. They also hinted at my impending removal by asking me to document my work and train others.

Feeling pressured, I decided to resign. I officially resigned in the 2nd week of July.

Will any of your ex-colleagues who resigned without clearing dues or handing over proper documents support your case when you address your concern?

Yes, all my ex-colleagues will support me if asked.

I missed a few points. One more clause of the bond was to submit my originals. Also, all employees have signed a paper regarding the bond, but they have not yet received an acknowledgment of the same.

Sorry for the English; I was typing really fast. Please feel free to ask me any further questions if you want to understand my full case.

Do you have a written copy of the agreement?

You can ask for the document or request a photocopy to review it further and consider your options.

If the document states that you need to submit your original documents, what specific documents are required?

Regardless of the documents they request, note that demanding original documents to keep in their possession as a deterrent against employees leaving the company is not a good practice. You have the option to raise a complaint against this action by filing a FIR at the police station in your office area.

Moreover, considering you have worked for 9 months, were you provided with any training?

Does the bond mention anything about training or the consequences of terminating employment within the specified tenure?

Is the bond unilateral or bilateral?

If the bond only outlines your liabilities without reciprocal benefits, it may be considered one-sided and potentially unenforceable under contract law.

Additionally, no company should seek any amount as a bond except for recovering training costs. If you have not undergone any training, you may not be obligated to pay any amount.

To address this situation, try contacting HR to obtain a photocopy of the agreement for thorough review and contemplation. Subsequently, consider drafting a formal email expressing concerns about submitting original documents and highlighting potential violations of constitutional rights.

Consulting with a legal advisor and sending a formal notice to the company may also be beneficial in addressing these issues effectively.

Awaiting advice from senior personnel on the matter.

Hi, You must visit the following link and read the responses by members and queries by the owner, and I'm sure you will get the direction on where you need to proceed further: https://www.citehr.com/467115-curren...od-buyout.html

At this level, what you can do is only to go to your previous company and have a talk with HR. Tell them that due to some xyz reasons, you were not able to come to the office and resigned from the position. Request them to please provide you with the experience letter and FnF docs. If they agree, then good for you.

Also, you mentioned you worked there for only 10 months and not even for a year. Then, you can go for an interview as a fresher. An experience that is even less than a year doesn't matter a lot for you. Make sure not to repeat the mistake again.

Dear,

If I had been in your place, I would have approached my previous company and apologized for leaving with 1-day notice. I would have requested an experience and relieving letter. If they had refused, I would have sent an email explaining the reason for leaving, my designation, duration of service, and duties, and asked for a reply. This would have at least confirmed my employment there with my job title and duration.

Alternatively, I would honestly inform my new employer about the reason for leaving the previous job without disparaging the old company. For example, I would say, "I used to work at ABC Company. The company changed its policies and required me to sign a bond, which I disagreed with. I did not receive an experience letter as they did not accept my resignation and wanted me to stay. The company was undoubtedly good, but we did not agree on terms, so I decided to leave."

If your new employer is open to references from your former colleagues, you could provide them with the same.

Hello, guys, thanks a lot for all your help. I did go back to my previous company, but it was of no help. They just didn't accept my resignation and told me they have declared me absconding. I went there to give my resignation letter, but they did not accept it. I also offered to pay the compensation as mentioned in the appointment letter, that either you serve a 3-month notice period or, in lieu of the notice period, by paying up the 3-month salary, which they refused.

I got an offer from another company, and they are fine if I join without all these documents. Now my question is, in the future, will any company ask for my first employer's documents?

In the future, employers won't ask if you tell them in advance why you left the company.

May I take this opportunity to suggest that it is better to give all the information about the situation leading to the query to save bloggers from having to assume or keep asking questions to get at the details.