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Employment Law/Company Wont Issue Experience/Termination Letter

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Question
Dear sir,

I worked in a sales company for a few years. My experience at the company was less than happy. I could not maintain a good personal or professional relationship with some of the people there, including some of my seniors.

Recently I decided enough was enough, and put down my papers. I got the company to sign my resignation letter, and have the original with me. However, the company is now claiming that I am an 'absconder', and is refusing to issue my termination and experience letters. Initially they demanded 1 lac rupees to issue my termination letters, but now even that seems unlikely.

I am trying to understand my options: basically I need my testimonials for services rendered to the company for 3 years. I would also need them to reimburse me for legal expenses, if I have to go to court and fight my case.

Is the company on a sound legal footing? Is it fair they deny me my due termination formalities, by arbitrarily deciding that I am an 'absconder' when the reality is that I gave them notice and made them sign my resignation letter? What does Indian company law say about such situations?

Please advise me about what to do. I am willing to fight the case in court if I have to. I cannot get another job without my experience letters, and 3 years is too long a period to wipe out from my CV.

Thanks for your kind help.
Harish

Answer
Dear Harish,

Hope you're doing fine.

You have not given details of your work location, designation, date of joining, leaving, serving notice. Also mentioned notice period policy of your Organisation. Based on the input received from you I would be able to answer up to your satisfaction.

Also tell whether your resignation was accepted or not.

Warm regards,
Umesh Chaudhary

Employment Law

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Umesh Chaudhary

Expertise

Any question related to HR processes, legal compliance of labour ONLY in India

Experience

Over 12 years in the field of Human Resources, industrial relations, labour laws and administration

Publications
1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent http://milagrow.in/k-solutions/newsletters/interview/people-challenges-how-retain-talent 3. Management & Human Resource http://blog.globalbx.com/2009/01/04/management-human-resources/

Education/Credentials
MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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