Hi Ayush,
If I haven't misunderstood your question, you're asking whether it's possible to obtain your experience letter from your employer at this point in time.
If your question pertains specifically to receiving your experience letter from your former employer, the answer is undoubtedly
"YES."
Even though there is no explicit mention of the issuance of a service certificate under law, it can be interpreted within the rights provided under the Indian Constitution.
Article 41 of the Indian Constitution directs the State to ensure the right to work and secure opportunities for employment. While this right primarily focuses on the provision of employment opportunities, the denial of an experience letter by an employer could be seen as an obstacle to an employee's ability to secure future employment or advance their career. By refusing to provide an experience letter, the employer may be limiting the employee's access to employment opportunities and potentially impeding their right to work.
Hence, no employer has the authority to deny an experience letter when you have worked for them. It is your inherent right. As this termination occurred during the notice period, you can build a stronger case. Please retain all relevant documents such as the appointment order, payslips, resignation letter, data breach incident details, and the fine paid receipt. If you choose to pursue legal action, you have a good chance of winning.
However, the issue is not merely the experience letter but the content mentioned therein.
The experience letter should include the reason for separation, which could possibly be stated as
"TERMINATION."
This could potentially affect your future employment prospects.
While you can ask your employer not to mention the termination, it is unlikely that they will agree, as it goes against the company's long-term perspective and policies.
If your employer does not agree to remove the mention of termination, there's no need to worry.
If you are genuinely able to establish the absence of mensrea (intent) and highlight the steps taken by the management during the notice period, you can convince future employers by presenting the facts to them when seeking employment.
When presenting your case to a potential future employer, focus on these key points:
1. Highlight your work experience
2. Showcase your performance during the notice period
3. Explain the circumstances of the termination
4. Emphasize personal and professional growth
5. Provide strong references
I believe that instead of relying on emotions or subjective judgments, it would be more advisable to make decisions based on factual information.
Good luck.