Mr. Sameer Verma, a dedicated software engineer at “NextGen Dynamics Ltd.” in the city of Vidyanagar, was recently handed a termination letter. After five years of service, the company cited a vague “breach of professional conduct” as the reason for his dismissal. The termination came as a shock to Sameer, as there was no formal inquiry or opportunity for him to present his side of the story. When he requested his service certificate and experience letter, essential documents for securing new employment, the HR manager, Ms. Priya Chauhan, flatly refused. She stated that it was company policy not to issue these documents in cases of termination due to misconduct. Feeling cornered and worried about his career, Sameer is now contemplating his legal options against what he perceives as an unjust and arbitrary action by his former employer.

Advice in such cases

Facing such a situation can be distressing, as it directly impacts your professional future. It is crucial to handle it systematically and legally.

• Review Your Employment Agreement: Carefully examine your appointment letter and the company’s HR policy manual. Look for clauses related to termination, exit formalities, and the issuance of service or experience certificates.
• Formal Written Communication: Draft a formal email or a registered letter to the company’s HR department and management. Clearly state your request for the experience and service certificate, mentioning your employment tenure and designation. Keep a record of this communication.
• Legal Notice: If the company fails to respond or refuses, the next step is to send a legal notice through a lawyer. A notice from a legal professional often prompts companies to comply to avoid litigation.
• Labour Commissioner: You can file a formal complaint with the office of the Labour Commissioner in your jurisdiction. They have the authority to mediate and direct the employer to issue the necessary documents.
• Civil Suit: As a final resort, you can file a suit in a civil court or labour court seeking a direction for the employer to issue the documents and claim damages for the hardship and loss of opportunity caused.
• 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

The legal framework governing such employment disputes in India is multifaceted. While the new labour codes are in the process of being implemented, the existing laws are still largely in force.

• The Industrial Disputes Act, 1947: This Act provides a mechanism for the resolution of disputes between employers and employees. Unfair termination and denial of rightful dues and documents can be challenged under this Act.
• The Industrial Relations Code, 2020: One of the four new labour codes that will eventually replace the Industrial Disputes Act. It also contains provisions for handling grievances and disputes.
• State-Specific Shops and Establishment Acts: Many states have their own Shops and Establishment Acts which contain specific provisions mandating the issuance of a service certificate upon termination or resignation. For instance, Section 32 of the Delhi Shops and Establishments Act, 1954, makes it obligatory for an employer to furnish a service certificate.
• Indian Contract Act, 1872: An employment agreement is a contract. An arbitrary denial of documents stipulated or implied in the contract can be considered a breach of contract, making the employer liable.

If you are the complainant

If you are the employee who has been wronged, it is vital to act methodically to build a strong case.

• Gather All Documents: Collect your appointment letter, all salary slips, any appreciation letters or emails, the termination letter, and any written communication with the company regarding the denial of documents.
• Create a Timeline: Note down the sequence of events with dates, from the incident that allegedly led to termination to the final refusal by HR.
• Avoid Verbal Agreements: Do not accept any verbal assurances from the employer. Insist on written communication for all important matters.
• 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

As the aggrieved party, your primary goal is to secure the documents necessary for your career progression and hold the employer accountable for their unfair practices.

• Stay Professional: In all your communications, maintain a professional and polite tone. Avoid emotional outbursts or threats, as this can be used against you.
• Document Everything: Keep a detailed log of every phone call, meeting, and email exchange. If you have a verbal conversation, follow it up with an email summarizing the discussion.
• Understand Your Rights: An experience certificate is a factual record of your employment and cannot be arbitrarily denied. An employer can mention the reason for termination but withholding the certificate itself is often legally untenable.
• 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

This is a civil and labour dispute, not a criminal matter. The police have no jurisdiction in such cases. If you approach a police station, they will rightly direct you to approach the Labour Commissioner or the appropriate court. The police would only get involved if there are allegations of a criminal offence like criminal intimidation, cheating, forgery, or theft associated with the termination.

FAQs people normally have

Here are some common questions that arise in these situations:

• Can a company legally deny an experience letter for any reason? Generally, no. An experience letter is a statement of fact regarding your employment period and role. While a company may refuse to provide a glowing recommendation, they are often legally obligated (especially under state-specific laws) to provide a service certificate. Withholding it can be seen as an unfair labour practice.
• What is the difference between a relieving letter and an experience certificate? A relieving letter confirms that you have been relieved of your duties and have no pending liabilities with the company. An experience certificate details your role, responsibilities, and tenure. Both are crucial for future employment.
• Can I sue my employer for mental harassment for denying these documents? Yes, along with your primary claim for the issuance of documents, you can also claim compensation for mental agony, harassment, and loss of future employment opportunities caused by the employer’s wrongful act.

What evidence is required?

To build a strong case, you will need to compile robust evidence, including:

• The appointment or offer letter.
• The termination letter provided by the company.
• Copies of all emails and letters exchanged with the employer regarding your request for the documents.
• Salary slips or bank statements to prove employment.
• The company’s HR policy or employee handbook, if you have a copy.
• Any witness testimony from former colleagues, if available and willing.

How long will the investigation take?

The term “investigation” is not typically used for such civil disputes. The timeline for resolution varies depending on the path you choose:

• Legal Notice: A resolution can be achieved within 15-30 days if the company responds positively to the legal notice.
• Labour Commissioner: Proceedings before the Labour Commissioner can take anywhere from 3 months to over a year, depending on the complexity and caseload.
• Court Case: A case in a Labour Court or Civil Court is a longer process and can take several years to reach a final verdict.

Advocate Sudhir Rao, Supreme Court of India