Resolving Experience Certificate Denial After Termination: Insights & Legal Options

Hi Seniors,

I was working with a private company in Trivandrum for 18 years. Due to internal politics, I was terminated from service on 29.08.2013 for a simple reason – I had taken leave without prior sanction for an emergency surgery. My position was Assistant General Manager - Finance. They have settled my gratuity, but they are not issuing an experience/conduct certificate for me to apply for a new job. Am I not eligible for that? Can I file a suit against the company?

Ajai

Service certificate has to be mandatorily issued by them. Write to them with a request for a service certificate and send through a registered letter.

Hello Ajai,

In addition to what Pon mentioned, here are a few more aspects/points.

The reason you mentioned for the termination surely doesn't sound convincing—given your tenure in this company. However, even if the reasons are different from what you mentioned, the company surely can't avoid giving you your experience and relieving letters. But there's one risk for you regarding the relieving letter—what if it mentions you were terminated? Would that help you to get another job?

Like Pon mentioned, prepare the ground in writing—in case you don't receive any reply for a couple of weeks, you can follow it up with another letter as a reminder. You will need the paperwork if you do need to go legal.

All the best.

Regards,
TS

Hi Ponji / Sateeshji,

I am sending reminders through email on alternate days to the HR manager / MD. However, I have not received any reply. Should I proceed through the labor office to inquire about the exact reason for my termination?

Ajai

Mr. Natarajan,

Unless model standing orders are applicable to Marikar Motors legally, you are not entitled to an Experience Certificate.

Varghese Mathew
9961266966

Experience Certificate is an important document in career building, which is an authenticated paper that helps to grab better job opportunities. However, for some reason, an employer is denying to issue the same, one can give proper justification to his new employer and this new employer can rely on the Appointment letter issued by the earlier company, latest Pay slips, and other relevant documents like Promotion letters, etc., issued during the working tenure of the Employee. This will prove your working experience in the Organisation.

Please ask them to issue your appointment order and gratuity calculations. These documents should show your service and separation date along with the total service duration. You can include this information in your resume as well. Their service certificate may indicate your termination, which may not be in your interest.

Now that you have received the gratuity, there may not be any problem in solving the matter. Did you receive your PF amount? If so, then there cannot be any hold against you from the management. Send a letter (hard copy) to the company by registered post thanking them for the settlement of Gratuity, etc. (if any) and request them to issue an experience certificate and a relieving letter. Everything depends on how you proceed with the issue. You will definitely get it.

Hi Ajay,

Don't worry, despite having worked for such a long period, especially in a senior position, you should be good enough to advise others. Nevertheless, if they don't consider issuing an Experience Letter, at least you are entitled to get a 'Service Certificate' which, as a format, doesn't include elaborate performance appraisal details. It simply comprises the Name of the employee, DoB, DoJ, Date of leaving, Designation when left, Emoluments drawn when left, and lastly Remarks. This type of certificate should serve your purpose. Ask for this, and if it is not forthcoming, take legal action, issue a legal notice, and claim damages for this harassment as a last resort. I think you should be bold enough to face any eventuality, provided your competence is not questionable. I'm sure that when you speak the truth, you will find a job of your choice. All the best, pal.

Hi Ajay,

Don't worry, despite having worked for such a long period, especially in a senior position, you should be more than capable of advising others. Nonetheless, if they do not consider issuing an Experience Letter, at least you are entitled to receive a 'Service Certificate'. This certificate format does not include detailed performance appraisals; it simply comprises the Name of the employee, Date of Birth, Date of Joining, Date of leaving, Designation upon leaving, Emoluments drawn upon leaving, and lastly, Remarks. This type of certificate should fulfill your purpose. Request this, and if it is not provided, take legal action, issue a legal notice, and claim damages for the harassment you have experienced. As a last resort, this may expedite the issuance of your Experience/Service Certificate.

Based on your description, absence without prior leave sanction does not warrant a severe punishment like 'termination'. Primarily, you should challenge this termination itself by demanding reinstatement with back wages and continuity of service. Perhaps, taking such a step might accelerate the process of obtaining your Experience/Service Certificate. In my view, if 'Absence without leave sanction' were considered a grave offense, they would have initially forfeited the gratuity itself, so I do not believe they have a strong case to defend against your claims. Remember the famous adage, "offense is the best form of defense." Be courageous in facing any outcome, as long as your competence is not in question. I am confident that speaking the truth will lead you to a job of your choice. All the best, pal.

Hello,

You have worked for 18 years. I feel you should speak to your seniors and get the experience letter on good terms. Please keep all the communication with the company documented.