A.
Dear Client,
Experience and relieving letters are important because they serve as official documentation of an employee’s past work experience and separation from their previous employer. Future employers often require these documents during the recruitment process to verify the candidate’s employment history and assess their suitability for a particular role. A relieving letter is a formal document provided by the employer to an employee after the employment is over. It is generally called an experience letter and is usually issued on the last working day of the employee. When an employee tenders his resignation even in breach of the terms of employment, the employer cannot withhold his relieving or experience letter and his F & F dues. In the absence of a specific stipulation in the contract of employment, the employer cannot even deduct or recover any amount from the F & F dues for breach of contract. As per Section 27 of the Indian Contract Act, 1872, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. So, regardless of the reasons behind the cessation of employment, an employee deserves a relieving letter, F & F dues for the period he served the company, and denial of the same by the company amounts to unfair labour practice. But there is a negative impact of an experience letter, in case the employer terminates you on the ground of disobedience of their lawful instruction or advice treating the same as misconduct. The term or word "termination" itself puts a stigma or negative remarks in the service career irrespective of the grounds behind the termination of an employee from a Company. A relieving letter or experience letter bearing such a stigma or negative remarks does not hold good for future employment in any other Company or establishment and may be a cause of rejection of selection or further employment elsewhere on Back Ground Verification(BGV) of the employee putting your career at stake. So, considering all the positive and negative impacts, if you feel it necessary to have an experience or relieving letter, then on denial of the same by the employer, if you are a workman as defined under Sec.2(s) of the I D Act, serving a legal notice to your employer/company, file a complaint against them for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance, and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your F & F Dues dues receivable on your resignation/termination from the employer/company.
Posted On 22-Nov-2023
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