How Can My Brother Prove His 18-Month Work Experience Without a Relieving Letter?

Dear All,

I would request seniors for a kind suggestion on the issue below. One of my brothers worked for an MNC for about 18 months, and due to a very minor mistake, the management terminated him during the lockdown period. He is asking for an experience letter and a relieving letter. However, this is the reply from the company's HR: "I am afraid, as per company policy, since it is a termination case, we do not provide a relieving letter."

Now, my brother has got a new job in another reputed company. He submitted documents like the appointment letter and last drawn payslip, except for the relieving/experience letter from the previous organization. The challenge here is that the new company is asking for the previous company's acceptance letter/experience letter/relieving letter. Without that, it is difficult for my brother to prove the 18-month gap.

I would request seniors' guidance here on how to proceed further and get a relieving/experience letter from the organization. This would really help him prove 18 months of work experience in the previous organization. Will that affect the new job if the previous organization doesn't provide a certificate? Or do we have to stop asking for a relieving letter and forget the previous 18 months' experience? Kindly suggest!

Thanks and Regards

There is no substitute for a relieving letter. Possessing one each time you change jobs solves many problems and helps demonstrate how your career has progressed. A relieving letter is rightfully due, in addition to an experience letter. You may have to approach your previous employer repeatedly to obtain it. There is no other choice if the new employer insists.

Thank you.

Impact of Termination on Employability

As you are well aware, punishments in one's career on disciplinary grounds can negatively impact employability elsewhere. Particularly when the punishment is termination, even for minor misconduct, many employers would be skeptical about selecting such a candidate. However, if the termination is due to a performance issue involving an error of judgment without causing financial implications or loss of reputation to the employer, some employers may overlook it, provided the candidate is exceptional in all other respects.

Disclosure of Termination in Job Applications

It's also important whether your brother mentioned it in his application for the new job. I think that either your brother would not have mentioned it willingly or would have applied for the job prior to the termination punishment.

Policy on Relieving Letters and Experience Certificates

I am also not able to appreciate such a policy of not issuing a relieving letter or experience certificate in cases of termination. The attitude of the company is like adding insult to injury in order to thwart the future employment of the individual. Your brother can approach the previous employer once again as suggested by Mr. Kumar.

Legal Recourse for Workman Category

If he was in the workman category, let him raise an industrial dispute under section 2-A(1) of the IDA, 1947 against the termination. The previous employer may agree to either modify the punishment or issue the relieving order to avoid unnecessary litigation in the Labor Court. Try to meet the CEO of the previous company.

Dear Dusa-Mohan,

Every employer is expected to issue a relieving letter/service certificate when an employee leaves or is relieved from the services for any reason whatsoever.

Perhaps in the certificate, against the column "Reason for Leaving," the employer would state the reason as either "Resigned" or "Terminated."

Most employers would not penalize the employee being relieved with reasons like termination as it could jeopardize the chances of the employee to seek a job elsewhere, and simply put "resigned" against the column after collecting the resignation letter.

Unless termination was due to an integrity issue, loss of reputation to the company, or financial misappropriation, and if it is for other reasons, you can explain to your prospective employer the reason for the exit, including the refusal of the erstwhile employer to provide a relieving letter/service certificate. Probably, the prospective employer may accept your reason and hire you, but you should make every effort to persuade your present/erstwhile employer to issue a relieving/service letter.

It cannot, however, be ruled out that the new employer could conduct a discreet verification to determine the exact reasons for your exit from the previous job. If you have concealed any reasons like an integrity issue or malpractices that led to your termination (let alone workmanship/expertise), you run the risk of being dismissed at any time.

It is up to you to deal with the matter appropriately.

Regards, Panchsen

P. Senthilkumar

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