1)you were on probation and were required to serve only 30 days notice period

2)contention of management that you were confirmed and hence required to serve 90 days is unsustainable in law

3) the confirmation was mailed to you after you resigned from your employment

4)mere 10 days notice is not sufficient

5)since you did not serve the notice period management can decline to give you experience letter

6) your appointment letter , salary slips are sufficient to prove that you worked for company for x period

7) litigation is long drawn and expensive proposition

1. Here you did not mention the probation period according to offer of your previous company.

2. Since you not served notice period according to the previous company offer, you are 'not' relieved from the services yet. So, I suggest you to talk to HR of your previous company and see to resolve the issue impeccably.

3. Do not go legal.

Hi,

You can go legal and send them a legal notice for doing the needful as per the appointment letter.

You can send a legal notice to the company. Provided you have not flouted any of their service conditions they are bound to give you experience certificate. First start with a legal notice.

1. Well,in case of one sided quitting refusal of handing over of experience certificate is often resorted to.

2. Since your new employer has allowed to join it without it ,you may consider yourself lucky.

3. There would be a legal route like filing ivil suit bu that is not advisable in terms of enormous time it takes and costs involved.

All The best.

1) issue legal notice to company to give you relieving letter

2) if company refuses take legal proceedings to direct company to issue you relieving letter

1. I did not ask you a question of 'notice period' when you are on 'probation period' but wanted to check whether the employment confirmation letter generated with back dated.

2. Now, you would have been marked as 'Absconding employee' by your previous company on records.

3. Considering your situation, You can issue legal notice for the Final settlement along with service letters.

Discuss with a lawyer on the forum.

Not having been conformed explicitly, you were required to serve only 30 days notice period.

Your relieving and experience has been wrongly withheld by the HR of your ex-company. Engage in a dailogue with them to procure the same.

In case the dialogue fails to inure any benefit. send them a legal notice.

Hello,

I understand the situation you are going through.

Filing a case for this issue will not be a good idea as litigation is a long drawn process and the case will take- years and a lot of montey

Therefore I would advise you to send a Legal Notice to the earlier company at this juncture if they are not ready to give you the documents.

Send a legal notice asking them to dispatch the required documents to you.

Regards

You can always approach the court to seek proper relief in your case but remember the court wants you to come with clean hands. In this case you have not served the proper notice period either as a probationer or as a regular employee. Over to this, the company has not only given you a letter confirming you to be a regular employee of the organisation but has also refused to accept your resignation letter.

Now in this case if you wanted to have the experience letter as well as the relieving letter from your previous organisation then you have to pay the amount equivalent to your notice period to get the same. In worst case your previous organisation may also ask you to pay some compensation for leaving the job in between and without transferring the responsibilities to your team.

As I earlier said you can start with a legal notice first and if they don't respond. You can file various proceedings under labour laws and civil laws for the same.

Hi,

Your confirmation should have been told or mailed within certain reasonable duration from the actual date of confirmation. Please have a look on clause of confirmation as many times if period of confirmation is increased then after completion of period, employee automatically gets confirmed, same might have happen in your case so company need not to initimate about your confirmation. Now if your appointment letter does not have a clause of confirmation automatically after extended probation period then you have a good reason that you were confirmed when you decided to leave organisation so you were required to serve a notice period of 30 days only. If they do not provide a relieving letter, you can send a legal notice to company about the relieving letter. Probably they will provide you the same as company cannot afford to go court for trival issues so they will provide you relieving letter.

Thanks

What is the probation period, is it six months or one year?

Is the confirmation clause is also mentioned in the employment offer letter?

What about the termination clause or resignation condition, whether you can pay for the unserved notice period?

How did you submit the resignation letter, through email or through written communication and submitted the same in person with acknowledgment of sent by registered post?

The email confirmation by the organisation on post date is not valid and this has been purportedly done only to harass you.

You can claim that you have not received any communication regarding your confirmation till the date you submitted the resignation letter.

Therefore you can argue that you were on probation only till the date you have sent your resignation and demand relieving letter as well as the experience letter by sending a legal notice to previous employer sent by registered post through your lawyer with a copy endorsed to your new employer.

In the meantime you can join the new employment based on this communication with a request stating that you will submit all the relevant documents shortly after receiving them from the previous employer.

Notice was for 30 days(probation) & 90 days(confirmation) mentioned in msg too.

Many companies ask for your releiving letter in back round check formalities and can decline a candidate on basis of it. This is very imp doc from my career point of view. I tried to get this doc from HR by requesting but they are not ready to release this doc. I kept.the resignation mail for my records on which I asked for notice of 30 days. What are the chances of getting this done through legal process ?

The steps what you have taken are3 just nothing but oral or verbal without any proof except for the email resignation and that also cannot be considered as a substantial proof.

However to overcome this lacuna, you may send a legal notice demanding your reliefs from the previous employer.

Dont ever take the email and oral route and become frustrated with the disappointments.

Consult a local advocate practicing service matters for advises on all such further issues.

Did your contract specify for how long can an employee work as a probationary in your previous organization ?

To guide and advice you properly your employment contract would have to be perused and examined .Do you have a copy of your previous organizations service rules ??

Usually employment contracts cast an obligation on an employee to serve their notice period before resigning or pay 1 or 3 months salary in lieu of it.

You should approach your previous organization and try to settle this issue .At best your previous employer can seek damages from you for not serving the notice period,if there is a clause to that effect in your employment contract.

Your previous employer's intentions seem suspect as you were not confirmed in service ,till you sent your resignation letter.

Your previous employer cannot withhold your experience and reliving letter.

You can file suit for damages and claim

Loss suffered by you on account of failure of ex employer to provide you relieving letter

Yes, you are liable to claim the damages which you suffer on account of your ex-employer to releasing in your favor the necessary documents.

If the employer claims that you have not served the 30 days notice period, if it is false and this becomes the reason for depriving your opportunity fort a better employment, you may calculate the loss and file a recovery suit.

But that will become a big case for which you have to strain to prove the issue beyond doubt.

Hi,

You can claim for the damages. To new employer, you can show the case details.

Hello,

yes later you may claim those damages that you incur because of the nuisance of the employer.

Regards