How Can I Get an Experience Letter After Termination for Absence? Seeking Advice

Hi all, good morning. I received a message from my HR when I requested an experience letter. He shared the following message. I have already sent emails to him, and due to health issues, I shared doctor prescriptions as well.

"We informed you earlier that you will not be receiving the experience letter since you were terminated because of unauthorized absence (absconding)."

Can anyone please suggest how I can obtain an experience letter and what steps I need to take?

Thanks in advance.

Hi, As per the terms and conditions of the employment contract, you are supposed to follow the proper separation process. In the case of unauthorized absence, HR will proceed with the termination process only. Just sharing a doctor's prescription will not be sufficient and cannot be presented as an excuse. You should properly justify why you were not able to serve the proper notice period. Under the above circumstances, your termination letter will stand as proof of the termination of the employment contract.

Dear Shaik-Abdul,

Greetings. It varies from company to company. It depends on the company's employment norms regarding your termination. By the way, you will have your payslips, which will also serve as an experience-related document. Ask your company to provide a work period certificate, which any company has to provide. This certificate will state the period you were working with the company from the date of your joining until the last working day (the day before you were announced as absconding). This certificate will help you as an experience letter.

Everyone buys fake doctor's certificates, and therefore, the company is unlikely to believe your excuse. If you were serious, you would have spoken to HR, met with them, and obtained their approval for not serving your notice period. They are well within their rights to refuse a certificate. Your separation is not following the correct procedure.

Checking the Telangana Shop & Establishment Act

That said, you should check the Telangana Shop & Establishment Act to see if you can request an Employment Certificate from them. If possible, you can still insist on it. However, they will likely make a note that you absconded, and any future company reviewing the document will be cautious...

Separation Process and Experience Letter

Your separation process is not completed as you didn't quit the job in the manner it's supposed to be done. You should have issued advance notice/resignation, served the notice period, and been formally relieved. Only then will you have the right to obtain formal separation documentation. Otherwise, it's not possible. There is no shortcut solution.

Legal Obligation for Experience Letters

The opinion of the HR is vague and illegal. As per the law, the employer is bound to issue an "experience letter" upon the end of service, regardless of the reason. You may need to send either a lawyer's notice or proceed through the court.