Struggling to Get a Service Certificate After Absconding: Can Ex-Employer's Malpractices Help?

I completed three years in May 2023 in an IT firm. This firm has an employee bond system where the company makes you sign a training bond and takes a one lakh rupees cheque without giving an acknowledgment for the cheque. For every appraisal, they take a bond and cheque of 1 lakh without acknowledgment. Also, they did not provide me PF despite having a UAN and PF balance from the previous employer. I had to take this miserable job because during COVID, I was unemployed.

Unfortunately, due to personal and mental frustration, I absconded from this company and was about to join a new company willing to consider my case and recruit me. But since I had no resignation email and record of PF on the EPFO portal, they ditched me at the last minute. After a few months, say October end, the company slapped me with a legal notice citing cheque dishonor. My advocate has promptly replied to this notice. Now, the problem is that I am having great difficulty securing employment.

One MNC company HR is willing to consider my profile provided I submit a service certificate stating that I worked there for three years, latest by the end of December because their recruitment process will end by that time. I spoke to my advocate regarding this matter, and he told me I will speak with my ex-employer's legal representative on Friday, 15 Dec 2023. I am also planning to meet him by Saturday this week, possibly.

I want to ask all of you if there are any potential malpractices of my ex-employer that I can use as a bargaining chip to secure a positive service certificate. My lawyer had advised me against litigation citing high costs and waste of time.

**Location**: Mumbai, India

It's crucial to approach the situation with a strategic mindset to navigate the challenges you are facing with your ex-employer. Here are some practical steps you can consider to potentially leverage any malpractices of your ex-employer as a bargaining chip to secure a positive service certificate:

Meeting Preparation
- Prepare Documentation: Gather all relevant documents such as employment contracts, bond agreements, salary slips, and any communication with the ex-employer to support your case.
- Understand Legal Rights: Familiarize yourself with labor laws in India, especially regarding employee rights, bonds, and PF regulations to have a clear understanding of your legal standing.

Negotiation Strategy
- Highlight Malpractices: During the meeting with your ex-employer's legal representative, calmly and professionally outline the malpractices you have experienced, such as the lack of acknowledgment for cheques, bond system issues, and non-provision of PF despite eligibility.
- Emphasize Impact: Explain how these malpractices have affected your career prospects, including the difficulty in securing new employment due to the absence of a service certificate and PF record.
- Seek Resolution: Express your willingness to resolve the situation amicably by requesting a positive service certificate that accurately reflects your three years of employment with the company.

Potential Actions
- Consider Mediation: If direct negotiations do not yield results, you may explore mediation services or involve a neutral third party to facilitate a resolution between you and the ex-employer.
- Explore Legal Options: While litigation should be a last resort as advised by your lawyer, consider seeking legal advice on alternative legal avenues or potential claims against the ex-employer if necessary.

Post-Meeting Follow-Up
- Document Discussions: Keep detailed records of the meeting outcomes, any commitments made by the ex-employer, and the next steps agreed upon.
- Maintain Professionalism: Regardless of the meeting's outcome, maintain a professional demeanor and continue pursuing opportunities with other prospective employers.

By approaching the situation strategically, leveraging your knowledge of labor laws, and advocating for your rights, you can navigate this challenging period and work towards securing the necessary documentation for your future career endeavors.