i do not want experience letter from my company i do not want experience letter from my company

10 months ago

I did not want experience letter from my company and i served only 1 month of notice period but my notice period was 3 months . Moreover i returned all the assets of organization but they are sending me legal warning for recovery amount but if i do not want my experience letter is it necessary to pay the amount. will they take legal action against me?

Anik

Responded 10 months ago

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A.Dear client,

Review your employment contract: Start by reviewing your employment contract or any written agreement you have with your employer. It should outline the terms and conditions related to notice periods, recovery amounts, and the issuance of experience letters.

Notice period and recovery amount: If your employment contract stipulates a notice period of three months and you only served one month, your employer may consider this a breach of contract. In such cases, employers often have the right to recover the amount specified in the contract as compensation for the shortened notice period.

Impact on experience letter: In some cases, employers may withhold or refuse to provide an experience letter if there are unresolved issues, such as non-compliance with the notice period or outstanding dues. However, the policies regarding experience letters can vary among employers, so it's essential to review your specific company policies or consult with an employment lawyer.

Legal action: Whether or not your employer will take legal action against you depends on various factors, including the specific terms of your employment contract, the applicable labor laws in your jurisdiction, and your employer's willingness to pursue legal recourse. It's advisable to consult with a lawyer who can assess your case and provide guidance based on the laws in your jurisdiction.

Negotiation and settlement: If you're facing a potential legal dispute, it may be beneficial to consider negotiating a settlement with your employer. This could involve discussing the possibility of a compromise on the recovery amount or resolving any outstanding issues in exchange for not pursuing legal action. Consulting with a lawyer can help you navigate this process and protect your rights.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

Dear Client, An employee or even probationer can tender his resignation from the service of a Company following the terms or contract of employment. When the terms of the contract of employment require 3 months' notice for tendering resignation and on non-compliance or breach of said provision of the contract of employment by the employee, she/he has to pay back for the unserved period of notice, a Company can take legal action against the employee demanding compensation for damages or financial loss caused for breach of contract of employment by the employee and withhold his/her relieving letter and F & F Settlement. So, you need to negotiate the matter with the Company suitably considering your future prospect to resolve the matter amicably to avoid other consequences affecting your career failing which you may seek the intervention of the concerned Labour Commissioner to resolve the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

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