How Can I Get My Experience Letter After Being Marked as Absconded Due to Family Issues?

Hi Guys, I was working in one of the companies in Bangalore. During that time, I had a two-month notice period. Unfortunately, I only completed one month of the notice period. Due to a critical family issue, I was unable to complete the remaining one month of the notice period. After 10 days, HR called me and informed me that I needed to rejoin and complete the remaining one month of the notice period. However, at that time, I was still unable to rejoin due to the ongoing family issue. HR then informed me that my case would be considered as absconded.

After 2.5 months, I contacted HR for my Full and Final (F & F) letter and Experience letter. They provided me with only the F & F letter. They are now stating that I will not receive the Experience letter because my case is considered absconded. I kindly request your suggestions on how to obtain my Experience letter. Your support on this matter is greatly appreciated.

Regards

I believe your F&F will be settled with the recovery of one month's salary. However, you should obtain an experience certificate from HR that includes only the service period, i.e., the date of joining and the last working date.

Hello Gajanan Pole,

What's stopping you from completing the balance 1-month notice period now and getting relieved properly? Now I hope you don't say 'I have joined another job'... which would only corroborate Saswata Banerjee's comments.

Regards,
TS

Fully agree with Saswata Banerjee. If the employee had accepted the 2-month notice clause, he/she should honor that. No employer needs to show sympathy to absconding employees. Exceptions in extraordinary circumstances may be considered.

Hi SWATABANERJEE,

I didn't get what you are saying. Can you please elaborate in detail? Also, for your information, I have all the medical proof for that duration. If required, I can show the same. However, they are not ready to agree to that. What else can I do in this situation? Please suggest.

@JACK: Yes, you are correct; they settled with the recovery of one month's salary. I appreciate your support.

Regards,
Gajanan Pole

Hi Saswata Banerjee,

I don't understand your comment; could you please elaborate more in detail? Also, FYI, I have all the proof for that evidence.

@Jack: Yes, you are correct; my F & F will be settled with the recovery of one month's salary. Guys, please suggest to me how to get my relieving letter. Appreciate your support.

Regards,
Gajanan Pole

Guys, thanks for the comment.

Is it okay if I go to court for this case to get my relieving letter? What are your thoughts?

Suggestions are welcome.

Regards,
Gajanan

Mr. Gajanan,

You can go to court to seek legal redressal, but it may become more of a hassle for you. The case may drag on for years. Why confront a minor issue? As advised by learned professionals, when one is in a hurry to secure a job, they may not thoroughly read the terms and conditions, similar to applying for a credit card. It is a situation of deciding in desperation and regretting at leisure! If the terms of the appointment letters are very clear, the case will likely be decided in favor of the company.

I think you are mixing up 'what you actually need.' Do you 'need your Relieving Letter' OR 'need your Relieving Letter NOW'? What is it? If it's the former, then going legal is OK; if it's the latter, then you need to bear in mind the sort of delays the Indian legal system has inherently. If such delays are OK, then going legal is OK in this situation too.

As far as I can see, I don't find any other way BUT to rejoin and complete the remaining one-month notice period & move with your Documents. If HR doesn't listen now, you need to be prepared to cajole him/her.

By the way, what's this 'medical proof' you mentioned? Your first posting mentioned 'critical family issue'? Can you elaborate on BOTH?

Regards, TS

If you have had a critical family problem and are now submitting a medical certificate, you can proceed to complete the notice period. Additionally, there appears to be a significant discrepancy between what you have stated and what you are currently presenting.

Experience Letter Concerns

Regarding the experience letter, the company is likely to issue one indicating that you were absconding. This will certainly not work in your favor.

Legal Considerations

If the company has settled your Full and Final (F&F) and you have agreed to the 2-month notice clause, then the court's decision is likely to favor the company. Before proceeding to court, ensure that you were not employed during the absconding period with any other company, as this could lead to further complications.

Regards,
Ashutosh Thakre

You go to court for a matter like this, and rest assured, no future employer would like to touch you. Although you have not mentioned, I presume you are a young person and have a long career ahead. Focus on your performance and good practices.

Logically, I don't think you are eligible for a relieving letter as you have not completed your notice period, so you are not relieved from your services yet. F&F and a letter stating that you worked in that company from so and so time till your last working day can be claimed, but the title "Relieving/Experience" cannot be obtained due to the above-stated reason. The company has the right to withhold your relieving letter and experience certificate. You have an option to complete your remaining notice period and complete the remaining formalities, so why don't you think about it? In that way, everything will get over smoothly.

Going to court for this reason is not a mature decision in my point of view.

All the best!!

Another option is to buy out your notice period. I think this facility is available in most organizations. Refer to your appointment letter for this info or speak to your ex-HR about it. There are options available in case you can't complete your notice period; then you can buy the remaining notice period in lieu of your one month's salary. If the new job is so important, you can ask them to buy your notice period for you.