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11 months ago
Does the HR have the right to not give you an Experience Letter of 2 Years if you have not served notice period after working in the company for 2 years ?
A.Dear Client,
If there is a condition in your offer letter specifically mentioning non-compliance with the condition required for tendering resignation without serving a notice period, that shall disqualify/disentitle the employee from issuing of Experience Certificate, then such a condition in an offer letter being biased and contrary to natural justice, cannot be enforceable upon the Employee. In all fairness, an employee irrespective of his nature or class of employment deserves an experience certificate from his employer on cessation of employment either on resignation or termination from service and the Employer is duty-bound to issue the same on appeal from the ex-employee. you may reach out to the office of the Labour Commissioner concerned for redressal of your grievance/complaint against the employer who denies the issue of the experience certificate to an ex-employee of the Company. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
If there is a condition in your offer letter specifically mentioning non-compliance with the condition required for tendering resignation without serving a notice period, that shall disqualify/disentitle the employee from issuing of Experience Certificate, then such a condition in an offer letter being biased and contrary to natural justice, cannot be enforceable upon the Employee. In all fairness, an employee irrespective of his nature or class of employment deserves an experience certificate from his employer on cessation of employment either on resignation or termination from service and the Employer is duty-bound to issue the same on appeal from the ex-employee. you may reach out to the office of the Labour Commissioner concerned for redressal of your grievance/complaint against the employer who denies the issue of the experience certificate to an ex-employee of the Company. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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