How to Request Experience and Relieving Letters After Being Terminated Without Accepting It?

I was working at a software company in Noida for 3.5 years. My company terminated me without citing any charges and provided 2 months' salary in lieu of the notice period. My case is currently being handled by the Deputy Labour Commissioner's office.

The company has not issued me an Experience or Relieving Letter, although I do possess the Termination Letter. Could you please provide me with the required format to demand these documents from the company?

If I request the Experience and Relieving Letter, would it imply that I have accepted the termination? Please advise.

Thank you.

As you said, you have been terminated and your dispute is still ongoing in the labor department. This means that legally, this case is still open as it has not been proven whether the termination is lawful or unjust. In this case, the company cannot provide you with the experience and relieving letter. If they do so, their case may weaken, and they definitely do not want to incur any losses. I don't think they will be able to provide you with the mentioned letters.

Thanks for the reply. As per my knowledge, in the case of termination, the company has to provide an experience letter as per the law. The relieving letter can be stopped because the case is in a disputed condition. Please confirm.

Thanks,
Anshul Jain

Sorry for your situation. How long has it been since you left the company? If you are requesting an R&E letter, the most that could happen is they issue an experience letter stating you were terminated. It might be appropriate to wait for the case's verdict, which you had filed, before approaching them. This action would dynamically signal to them that you acknowledge your departure from the organization.

I understand your urgency to secure another job. It would be beneficial to seek guidance from the Labor Commission office for a clearer understanding. If you need the R&E letter for a new job, it is advisable to inform them of the situation to prevent any future discrepancies. Alternatively, you could consider a compromise if they provide a proper relieving and experience letter.

Your situation is challenging, but I wish you GOOD LUCK!

Termination and Relieving Letters: Legal and Ethical Considerations

Legally speaking, once a termination letter is issued, there is no need to provide another letter stating that you have been relieved. The termination letter itself serves as the relieving letter.

Regarding the service letter, the company can issue one, but it should include strong wording indicating that you have been terminated. This wording should not cause any stigma, although revealing reasons for termination in the service letter may be stigmatic, which goes against ethics. However, if you were working as a manager or in a supervisory role, you cannot expect anything different from the department.

If the termination does not follow the procedures laid down in the Industrial Disputes Act (in case you were working as a non-supervisory employee), there is a chance that you will be reinstated in service. Simultaneously, as advised by Mr. Mahesh Nair, if you approach the company and plead for a compromise, you can be relieved and receive a service certificate.

Fighting against these unfair practices is commendable, and I support such actions. However, by doing so, you may jeopardize your career. This is especially true in the case of IT companies that often disregard employee sentiments but view such terminations and issuing negative checks as their HR's "FUN AT WORK"!

Regards,
Madhu.T.K

You have not mentioned the details of termination. There must be some reasons which summarize your termination. The reasons for termination must be written in the letter. The company has already paid you two months' salary in lieu of your termination of employment, which is as per the law. You have not mentioned the reasons for approaching the labor court for your redress. That may be the reason the company is keeping your relieving order and experience pending. Once the termination letter is issued, it is deemed as relieved, and no relieving order is necessary. The experience certificate shall be subject to your performance and behavior with your colleagues.

Wait until the labor court decides your case.

Regards,
Adoni Suguresh Rtd. Sr. Executive (Pers and Adm).

Thank you for your reply. I have received my Relieving cum Experience letter. My case is currently in the DLC office for Conciliation. The company is willing to compromise and has asked for my demands. Should I provide my demands (such as compensation) to the company representative in writing, or should I communicate them verbally? What points should I be mindful of during the compromise in the Conciliation process? Your response would be appreciated. Thank you.