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Service Certificate, Work Experience letter denied by the employer


08-Sep-2023 (In Labour & Service Law)
The employer forces all new joinees to sign employment contract. I denied signing anything as it was not brought to my notice prior to joining. The employer agreed and stopped following up with me on the matter. I left company after 10 months. They paid me my FNF but refuses to give me service certificate & relieving letter for the clauses mentioned in the employee contract which I never signed and are now forced upon me. Please advise.
Answers (2)

Answer #1
630 votes
The contract for the new employees cannot be binding on the old employees unless the old employees have given consent and the terms of the said contract have been brought to their notice.
Thus, the company cannot force you to follow the contract for new employees. You should amicably take this matter for discussion with your HR. If this doesn't work then legal recourse is available.
Answer #2
623 votes
very wrong !

the company can not force you to bow down and abide by the agreement which you have not signed and agreed till date.

Please consult any Advocate and send Legal Notice for giving you the Service Certificate and Relieving Letter within 15 days.

I am sure once you send Legal Notice through Advocate, the Company will understand the seriousness and they will comply with your demands.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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