One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X joined XYZ Pvt Ltd as their first employee when it was a startup. He dedicated over four years to the company, working with founder-level commitment and building their core systems. Despite his loyalty and significant contributions during the company’s growth phase, when Mr.X resigned and requested his experience letter, the management refused to provide it. This denial came without any valid reason, leaving Mr.X unable to pursue new opportunities as most employers require experience certificates. The company’s refusal appeared to be retaliatory, as Mr.X had raised concerns about workplace practices before his resignation. This deliberate withholding of mandatory employment documents constitutes a violation of labor laws and employee rights.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Send a formal legal notice to the company demanding immediate issuance of the experience letter. Document all your communications with the employer regarding this request. File a complaint with the Labor Commissioner if the company continues to refuse. Consider approaching the Industrial Tribunal for wrongful withholding of employment documents.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with wrongful restraint which includes preventing someone from lawful employment opportunities. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for filing complaints. Additionally, the Payment of Wages Act mandates employers to provide necessary employment documents. The Industrial Disputes Act also protects employees from unfair labor practices, including deliberate withholding of service records and experience certificates that are essential for future employment.

If You Are the Complainant

• File a formal complaint with the Regional Labor Commissioner within your jurisdiction
• Submit a detailed application to the Industrial Tribunal citing unfair labor practice
• Approach the District Collector’s office for intervention in the matter
• Consider filing a civil suit for damages caused by denial of employment opportunities
• Maintain records of all salary payments, joining documents, and work assignments as proof of employment

If You Are the Victim

• Gather all employment-related documents including appointment letter, salary slips, and ID cards
• Take screenshots of company websites or materials showing your role and contributions
• Collect witness statements from colleagues who can verify your employment duration
• Document any emails or messages where the company acknowledges your employment
• Seek interim employment certificate from labor authorities while pursuing the main case

How the Police Behave in Such Cases

Police typically treat experience letter denial as a civil matter rather than criminal, often directing complainants to labor authorities. However, if the case involves elements of criminal intimidation or wrongful restraint affecting livelihood, they may register an FIR. Most officers recommend approaching the Labor Commissioner first, as it’s the appropriate forum for employment disputes. Police intervention becomes relevant when there are additional criminal elements like threats or document destruction.

FAQs People Normally Have

Can I get an experience letter through court order? Yes, labor courts and industrial tribunals can direct employers to issue experience letters.

What if the company has closed down? You can approach the Registrar of Companies for official employment verification or seek a court declaration.

Is there a time limit for claiming experience letter? Generally, there’s no specific limitation, but it’s advisable to act promptly after resignation.

Can I claim compensation for denial? Yes, you can seek damages for lost opportunities and mental harassment through appropriate forums.

What Evidence Is Required?

• Original appointment or offer letter proving employment commencement
• Salary bank statements and Form 16 documents showing regular payments
• Email communications and official correspondence with the company
• Company ID card, access cards, or any official identification provided
• Performance appraisals, increment letters, or promotion documents
• Resignation letter and acknowledgment from the company
• Witness statements from colleagues or supervisors confirming employment

How Long Will the Investigation Take?

Labor Commissioner proceedings typically take 3-6 months for resolution, depending on case complexity and company cooperation. Industrial Tribunal cases may extend to 6-12 months if the matter involves detailed hearings. Civil suits can take 1-3 years but provide comprehensive relief. The timeline significantly reduces if the company voluntarily complies after receiving legal notice, which often happens within 30-60 days of formal legal action.

Advocate Sudhir Rao, Supreme Court of India