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Employment Law/Regarding relieving and experience letters



I was working with one IT company at Mumbai for 2.2 years as senior software engineer. During my tenure with the company I went onsite (out of India) for some project work. We used to work there for 16 hours everyday for more than 4 months without weekly off. When I was at onsite by mistake one incoming call got recorded on my mobile between team leader and project manager. Team lead was doing some complaints about team members about work. One of my colleague heard that conversation and as it was related to him he got nervous. After that onsite manager came to know that he was nervous and not working so asked him what happened in one to one meeting. While discussing with him he told call recording incident. Then onsite manager escalated that thing to upper level. After that I was working there for one and half month.

When I came back to India HR asked me to meet and told me about that entire incident. They asked me to give one apology letter and after that on basis of that apology letter they given me termination letter. I asked for relieving and experience letters she told me will discuss with MD and issue the letters.

After some days she told me MD is not giving permission to give the letters. I got full and final settlement document in last week but not relieving and experience letters. What can I do now? How can I get the letters because without letters I am not getting job anywhere. I am in very big tension. Please advise me.


ANSWER: Dear Amit,

Hope you're doing fine.

Your Organisation took disciplinary action against you and lately terminated you. It's up to them to issue you experience letters.

Why are you tense? They have issued you termination letter and also the appointment letter. You have sufficient evidence to prove that you worked with this company. Also they sent you abroad which means they liked your performance that's why you were sent abroad on company's expenditure.

They have terminated your employment; have they mentioned any specific reason for termination?

Warm regards,
Umesh Chaudhary
New Delhi, India

---------- FOLLOW-UP ----------

QUESTION: Dear Umesh,

Thanks for replying my mail.

Yes they have mentioned behavior issue for the termination. Do you think is it possible for me to get a job with termination letter?

Nilesh Jadhav

Dear Nilesh,

Hope you're doing fine.

Behavior is a generic term and cannot be easily expressed. If the termination reason is performance or on integrity part the company won't consider you easily. Behavior may be expressed in many ways therefore it can't be a reason for not getting jobs. You may say they just wanted to call you back in India out of any reason and therefore mentioned behavior as the reason. During interviews you may mention that your job contract was terminated and that's why you were issued termination letters and you were not the only one who got it. Therefore this might save you from further questioning.

Best of luck!

Warm regards,
Umesh Chaudhary

Employment Law

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Umesh Chaudhary


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


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

1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent 3. Management & Human Resource

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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