If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a young professional, joined a digital media firm, “Pixel Perfect Designs,” in the city of Anandpur as a Junior Graphic Designer. He began his employment in early June 2023 and worked there for approximately seven months, ending his tenure in late January 2024. Initially, his manager, Mr. Alok Desai, seemed supportive. However, the work environment deteriorated over time. Mr. Desai began delaying salary payments, with Rohan receiving his first month’s salary only after two months, citing vague reasons like pending large transactions.

A significant issue was the absence of a formal offer letter. Despite Rohan’s repeated requests, Mr. Desai kept postponing, making promises that were never fulfilled. Rohan worked diligently, often handling difficult clients, a responsibility that was never part of his initial job description. The situation worsened when Mr. Desai baselessly blamed Rohan for a financial loss incurred by the company. He also faced hostility for speaking up against a senior colleague’s misconduct and was frequently asked to work on his weekly off-days with false promises of compensatory leave. Fed up with the toxic environment, Rohan left the job after completing and submitting his final project.

Recently, when Rohan formally requested his experience letter via email, Mr. Desai responded threateningly. He stated that the letter would not be helpful as he intended to mention that Rohan had left the job without serving a notice period. Rohan argued that an experience letter should factually state the tenure, role, and responsibilities, but his plea was ignored. He is now in a difficult position, as the experience letter is crucial for his future job prospects and is seeking guidance on his legal rights.

Advice in such cases

Facing such a situation can be stressful, but it’s important to act methodically. Here are some steps you can take:

• Gather all communication records with your employer, including emails, text messages, or any written correspondence regarding your employment, salary, and request for the experience letter.
• Compile any proof of employment you might have, such as bank statements showing salary credits, work you submitted, or testimonials from former colleagues.
• Send a formal, written request for the experience letter via registered post or a legal notice drafted by a lawyer. This creates a formal record of your request.
• 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 of 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

Applicable Sections of Law

While there isn’t one single central law that mandates an experience letter, the obligation often arises from state-specific legislation and established industrial practices. Key legal frameworks include:

• The Industrial Disputes Act, 1947: This Act deals with the investigation and settlement of industrial disputes. Withholding dues or an experience letter can be construed as an unfair labour practice.
• State-specific Shops and Establishment Acts: Most states have their own Shops and Establishment Act which governs the working conditions of employees. Many of these acts contain provisions that mandate the issuance of a service certificate upon termination of employment.
• The Payment of Wages Act, 1936: This Act can be invoked for the issue of delayed and unpaid salaries.
• Indian Contract Act, 1872: Your employment is a contract, even if it’s not written. The terms, whether expressed or implied, must be honoured by both parties.

If you are the complainant

As the employee who has been wronged (the complainant), you are the one who needs to initiate action. Here is what you should do:

• Organize all your evidence chronologically. This includes any digital communication, salary slips (if any), bank statements, and a list of potential witnesses (like former colleagues).
• The first formal step is usually to send a legal notice through an advocate. This notice clearly states your demands (issuance of a proper experience letter, clearing of any pending dues) and a timeline for the employer to comply, failing which you will pursue legal action.
• If the employer does not respond to the legal notice, you can file a complaint with the office of the Labour Commissioner in your jurisdiction or approach a civil court.
• 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 of 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

If you are the victim

Being a victim of workplace harassment and injustice can take a mental toll. It’s important to stay strong and take measured steps to protect your rights.

• Do not engage in heated arguments or emotional confrontations with your former employer. Keep all communication professional and preferably in writing.
• Understand that the law provides remedies. You are not helpless. The lack of an offer letter does not mean you were not an employee; your employment can be proven by other means.
• Focus on building your case with tangible proof. The stronger your evidence, the better your chances of a favourable outcome.
• 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 of 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

How the police behave in such cases

It is crucial to understand that disputes related to employment, such as non-issuance of an experience letter or salary disputes, are typically civil or labour matters, not criminal ones. Therefore, the police have a very limited role. If you approach a police station, they will likely refuse to register an FIR (First Information Report) as they do not have the jurisdiction to intervene in such cases. They will correctly advise you to approach the Labour Court or the office of the Labour Commissioner for resolution.

FAQs people normally have

Is it compulsory for an employer to provide an experience letter?
While not mandated by a single central law for all sectors, many state Shops and Establishment Acts make it mandatory. It is also considered a standard and fair labour practice, and its denial can be challenged legally.

Can my boss mention negative remarks in my experience letter?
An experience letter is a factual document that should state your name, designation, period of employment, and key responsibilities. It should not contain subjective or defamatory remarks. If an employer includes false and malicious comments that harm your reputation, you may have grounds to sue for defamation.

What can I do if I never received an offer letter?
An offer letter is strong proof of employment, but it is not the only proof. Your employment can be established through other evidence like salary credits in your bank account, emails exchanged with the company, your name on company records, or witness testimony from colleagues.

What evidence is required?

To build a strong case against your employer, you should gather as much of the following evidence as possible:

• All email and WhatsApp communication with your manager and HR.
• Bank statements showing regular salary payments from the company.
• Any documents that mention your name and the company’s name together (e.g., ID card, business cards, internal memos).
• Copies of the work you have done and submitted.
• Contact information of former colleagues who can vouch for your employment and performance.

How long will the investigation take?

This is not a criminal case, so there won’t be a police “investigation.” The timeline for resolution depends on the legal path you choose. A proceeding before the Labour Commissioner is generally faster and can be resolved within a few months. However, if the matter goes to a civil court, it can be a more lengthy process, potentially taking anywhere from several months to a couple of years, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India