Stuck Without an Experience Letter: How Can I Resolve This HR Nightmare Before My TCS Offer Expires?

I joined a company in July 2022. As per the offer letter, a 3-month probation period was stated. After 3 months, they were supposed to give me a letter of confirmation. So, I resigned from the firm within the probation period. As per the probation terms, a 1-month notice period is required, or a salary in lieu of notice, but they added two lines stating, "which the management may accept or deny depending upon the criticality of the work." They were forcing me to serve one more month as notice if I needed documents, which is almost 2 months. I served one month and 8 days' notice period as per my resignation.

HR denied everything and did not accept my last day of working. After almost 1 week, she sent me an email stating that I have been terminated from the work because of a non-serious attitude. In my last 5-6 emails after my resignation, I clearly updated HR that after a certain date, it would not be possible for me to continue the work and I am just following the terms and conditions mentioned in the appointment letter, but none of my requests were accepted. Now, my dues and relieving letter have not been cleared by the company. I do have the offer/appointment letter, salary slips of 2 months, and PF deduction details except for the relieving/experience letter.

Now, my TCS onboarding has been postponed because my last company has not yet released the experience/relieving letter, and in the resignation acceptance mail, the date was not mentioned by HR. Now, I am not getting a positive response from my last HR. If I do not receive the experience letter on time, my TCS offer letter will be rejected. I have only 10-15 days to submit the experience letter. Please suggest what to do in this case?

We can only suggest that you make a personal visit to the previous organization. Meet your reporting officer, Head of Department, HR, and anyone else. Make a personal request for their help. People outside the organization cannot assist, and the legal resolution of the issue would take a long time and may not be effective. Therefore, appeal to the good senses of the officials and rely on God's grace.

Thanks for the reply. The only issue is that it is a small firm, with hardly 12-15 employees. Everything is managed by a single person. There is no hierarchy in management as the company is run by a husband and wife. I have requested many times to release the documents, but she is adamant in her decision that the notice was not served according to their standards, making it difficult to release the documents. She even mentioned, "Do whatever you want, I will not release anything." It seems to be more of an ego issue.

Dear Indu, Greetings. Thanks for the comment. I think you misunderstood my query. I worked for 4 months, including my notice period. I never absconded from the firm and served the notice period as per my appointment letter. In my view, the probation period is for both parties (Employer/Employee) so that both of them can understand each other. During my work, I found out that the nature of the work is not as discussed in the interview. It was because of this that I decided to move on. I am not against any small firm or startups; lots of people start their careers in small organizations. I am only against the approach of how they deal with resigned candidates. I think ethically I'm not wrong here as I followed the terms and conditions of my appointment letter.

Still, thanks for your valuable suggestion and time.

Dear Friend, When you join any organization, a lot of time, effort, and cost are involved. If the resource leaves the job within 2-3 months, the organization returns to square one. Hence, when you are applying to other organizations, be very specific about your departure.

Many times, if you are very relevant, no relieving letter is required. Only a resignation email is needed to avoid dual employment. In the present scenario, you are trapped between two employers.

1. As per one view, meet your current employer and request them to cooperate.
2. Also, meet the new employer and let them know your difficulties.

I am sure something good will work out when you meet people in person and let them know your difficulties.

Regards,

Dear Sir, Thanks for the comment. You are right; I am trapped between two employers. My last organization's HR/Owner is ignoring my calls/emails and doesn't want to meet me. I've tried my best, following up with them for the last month, but no luck. On the other side, the TCS onboarding team requires an experience and a relieving letter to proceed further, not considering my resignation email. I don't have enough time, and I think they will soon terminate the offer letter.

Dear Dalbir, Have you visited your office, or are you only trying by phone? In my experience, they will not respond over the phone. You should visit in person. Hopefully, the matter will be sorted out.

I think you should have openly mentioned your company's name so that many would tell about your employer. Today, we need a labor law lawyer to read your appointment letter before you sign it. Do not sign any appointment letter unless the clauses are redrawn and corrected. They normally say they will give a letter for the correction. Do not believe them. Even if they are your friends or relatives, be certain with your legal matters.

Legal Concerns with Employment Contracts

How can you accept the extra wordings added? "which the management may accept or deny depending upon the criticality of the work" - there cannot be any acceptance or denial as they have not bought you. Once the one-month notice period or one-month salary in lieu of working after the resignation is agreed upon, this is illegal. But since you have accepted and signed it, there will be endless problems created by the management.

Challenges with Management and HR Practices

In employment, there are complications when the management has no ethics, and also when the HR who handles has a different attitude to harass the staff and get a name for themselves but doesn't disclose it to the management.

Training New Staff

In general, it is always requested for the old staff to train the new staff appointed in place of you, as the actual work is only known to the old staff. But it should be for a week or 10 days, not until the satisfaction of the new staff. It so happened in my case when the old staff resigned but was unable to get up from his work. Once my GM came into our department and saw the old staff sitting and doing physically everything, making the new staff just sit beside. The GM questioned, "Are you continuing or resigned?" He replied, "resigned." Then why are you sitting in the seat when a new staff is there from us duly appointed in your place? Instantly, he made me sit in the chair and changed all the passwords, etc., so the old staff could not sit and do anything. So the management's interference is required in the matter. This extra work is poked by the HR in your appointment letter. There cannot be an open position during the probation period, and it should be cut short, applicable to both the employer and employee.

Ensuring Legal Compliance and Documentation

Do visit your company every day, and if possible, take someone with you, maybe your legal consultant, so that the proof of another person with you will be more proof of your visit to the company to ask for your right or relieving you forthwith and relieve you with a letter or confirmation of your work and getting relieved from the service without any demur.

Hello Everyone, Thanks for your reply. I have been chasing my employer for the last 1.5 months. No one in the organization is interested in having a conversation with me. I have sent multiple emails for settlement, but with no luck. I am attempting to resolve the matter professionally, but it seems like it is not working. If nothing works out, I will have to pursue legal action, but my main concern is my job offer. I am at risk of losing the offer soon, and my hope is dwindling day by day. If anyone has a connection in Chandigarh/Mohali government offices or in the judiciary system, please let me know. Urgent help is required.

Thank you.