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Can a company deny experience letter after resignation
11-Jul-2023 (In Labour & Service Law)
I have resigned on June 16,2018 and wanted to serve my notice period till only July 13,2018 because I had some family issues. The service agreement that I signed while I joined this company stated "You may terminate the employment with 3 months prior written notice, after confirmation of services in your company. The notice pay that will be payable by you to the company in lieu of such notice shall be payable on annual base salary prorated for the required period". The HR is now saying that we won't agree this date and in case you don't turn up on July 16,2018 we will treat you as absconded and you will need to face a legal notice for the same. Can anyone help me on how should I treat this matter? Can company deny me experience letter even if I pay my notice pay? I'm ready to pay off my notice pay. Can company deny me experience letter?
Hi, You cannot be denied with experience letter first. As you are not serving full notice, you can pay the dues to the company towards the shortfall of notice as per the calculation and comply to the termination clause as was mutually agreed and signed by you initially. The HR cannot treat you as absconding and if they want to file a legal case, keep all the proofs of your communication with the HR and before they initiate the legal action, you may send a legal notice to your HR to relieve you as per the terms of the company and termination clause. Let me know if you need any help further.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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