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Employer is not giving experience letter without the payout of 3 month
23-Jan-2023 (In Labour & Service Law)
I served my company for 30 months. I was not well and asked them for some time to get well to resume office. Provided all medical documents. However they asked me to join or resign. SO i resign as I was physically unfit for the long sitting job. They released me immediately, without any intimation. I was ready to serve notice period also, once if I could have been well, I could served. But they ignored everything and released me, HR also told me that I have to pay nothing in this case. But when It came for experience letter my manager asked me to pay for 3 months Unserved notice period. What should I do now. How can i get experience letter as 32 months are almost 3 years, that means a lot. I got promotions, visa for US also during my tenure and I was full time billable resource. Please suggest.
Dear
As you have raised query regarding your Medical unfitness due to some Medical problem you have given Medical Rest certificate to the Employer by authorized Medical Practitioner after that fitness certificate is required. Both the certificate you have submitted. Medical leave you will get for that period with pay. Once you have given resigned from company with immediate effect without any notice period that means you breached the contract. But they cannot refuse you to give the experience certificate if they are refusing then legal action can be intited
As you have raised query regarding your Medical unfitness due to some Medical problem you have given Medical Rest certificate to the Employer by authorized Medical Practitioner after that fitness certificate is required. Both the certificate you have submitted. Medical leave you will get for that period with pay. Once you have given resigned from company with immediate effect without any notice period that means you breached the contract. But they cannot refuse you to give the experience certificate if they are refusing then legal action can be intited
Helpful?
49+
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Adv. Ganesh Kumar Sharma
Chandigarh | 100+ Answers
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sir, do not worry. this is a routine matter for the companies. They tend to take such capricious decisions. Our immediate action should be to send them a legal notice for the violations that they have committed within the Industrial disputes act. in order to do that i will have to be intimated about your details. whether you are working in a supervisory capacity in the company. once we send them a notice let us see whether they do something to correct the situation at hand or not. then we will take coercive steps in court if they do not set things right.
Helpful?
36+
36+
Adv. Sushant Kareer
Chandigarh | 25+ Answers
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Since they forced you to resign and the resignation was extracted under duress, legally speaking, they can't ask you for depositing the notice period dues. I will suggest you discuss with them to sort out the matter amicably and if that doesn't work, contact with relevant documents an experienced service matters lawyer to deal with them.
Helpful?
32+
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Adv. KK Korla
Chandigarh | 25+ Answers
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