Can I Still Get an Experience Certificate After Being Terminated for Misconduct?

Dear CITEHRians, I just wanted to know something about the termination policy in a company. I have worked in a company called VSoft Technology in Hyderabad for about a year. Recently, in July, I had a semi-heated argument with my TLs and, out of anger, I stopped going to the office for a day or two. Then on the third day, they called me to come, but still, I didn’t go. (Here I think I went wrong). Then they stopped contacting me, and neither did I bother. Today, on August 1st, I got a mail saying I was terminated due to misconduct or something. (You can check the attached letter). Now I want to know if I can ask them for a relieving or experience certificate of one year and if yes, how? Thanks in advance.

Dear member, please note the following:

a) From your post, it appears that you have abandoned your employment. Notwithstanding the abandonment of your employment, you are eligible to receive the salary until your last working day.

b) You have been terminated without conducting a domestic enquiry. Therefore, your termination is illegal. However, rather than bringing out this fact immediately, I recommend you ask for the Service-cum-Employment Certificate. If they provide this certificate, consider the matter closed. If this certificate includes the clause of "No Dues" from you, even better. Therefore, the certificate will serve as an "Employment-cum-No-Due" Certificate.

c) In case they fail to pay your salary or issue the employment certificate, then you may file a complaint at the labor office. When filing a complaint at the labor office, carry with you a photocopy of your identification card, appointment letter, etc.

d) A labor officer is different from a labor lawyer. The former is a government-appointed authority, and the latter works in a personal capacity and charges fees as well.

Caveat: Legal issues involved in the case aside, let me state that it is not advisable to confront your seniors. These are challenging times during the COVID-19 pandemic, and finding a job is difficult. Regardless of your job position, whether CEO or lower-level clerk, you need to respect your superiors. Even CEOs have to make compromises. Therefore, control your temper. A momentary fit of annoyance can have long-lasting effects on your career.

For further clarification, feel free to contact me.

Thanks,

Dinesh Divekar

Dear Concern, looking at your statement, it seems that you also regret your actions and are accepting your mistake. As you are asking for a relieving letter, it indicates that you do not want to continue in your current job. This acknowledgment of your mistake is a sign of a good employee.

Now, you should accept the termination letter provided by the company and express gratitude for the opportunities given to you. It is also important to admit the mistakes you have made, as you believe, as this will reflect positively on you. Kindly request the company to settle any outstanding statutory accounts and also ask for your relieving letter.

There is no issue with an employee requesting a relieving letter.

Thank you.

Termination and Experience Certificate

From the termination letter, it appears you were terminated from service for unsatisfactory performance and unprofessional conduct. Now you want an experience certificate and relieving order from them. However, it is unlikely that even if they provide them, it would be something of which you can be proud. The grounds of termination would be reflected in some way or another, and you would not be happy about it.

Instead of adopting a confrontational attitude, you may be better advised to adopt a reconciliatory tone and seek an honorable exit so that both parties end up in a win-win situation.