I completely understand your situation and the challenges you are facing due to the non-issuance of your Service/Experience Letter. Despite your termination, you still have the legal right to obtain a document verifying your employment tenure. Below, I will outline your legal options and the best course of action to ensure you can move forward in your career.

🔹 Can the Company Deny Your Service/Experience Letter?

🚫 No! While the company has the right to terminate you due to a code of misconduct, they CANNOT:
✔ Deny you a Service/Experience Letter, which only states your period of employment.
✔ Block your ability to seek future employment by refusing basic work history verification.

📌 Important Legal Point:
Under Indian labor laws and Supreme Court rulings, an employer can terminate an employee but must still provide a document confirming the period of employment.

🔹 Your Legal Options to Get Your Service Letter

1️⃣ Send a Formal Request Letter (First Step – Non-Legal Approach)

• Submit a written request via email and registered post to HR & senior management.
• Politely state that:
  ✔ You accept the termination decision.
  ✔ You only request a neutral experience letter (without mentioning misconduct).
  ✔ Withholding the letter is affecting your right to livelihood.

📌 How I Can Help?
✅ I will draft a well-structured formal request letter to increase the chances of HR responding positively.

2️⃣ Send a Legal Notice (If the Company Refuses)

• If HR denies your request, I will send a strong legal notice demanding:
  ✔ Immediate issuance of a neutral service letter confirming your tenure.
  ✔ Action against unfair employment practices under labor laws.
  ✔ Compensation for mental harassment & career damage if required.

📌 Legal Basis:
Under Article 21 of the Indian Constitution, every citizen has the right to livelihood, and companies cannot blacklist employees by withholding their experience letter.

📌 How I Can Help?
✅ I will draft and send a legal notice to pressure the company into issuing your letter.

3️⃣ File a Complaint with the Labor Commissioner (If Still Ignored)

• If the company refuses after a legal notice, we can file a complaint with:
  ✔ Labour Commissioner’s Office under Shops & Establishments Act (for private sector employees).
  ✔ State Human Rights Commission (if extreme injustice is done).

📌 How I Can Help?
✅ I will prepare the complaint and submit it to the Labor Commissioner on your behalf.

🔹 Conclusion: Your Best Legal Strategy

✔ Step 1: Try a formal request letter (I will draft it).
✔ Step 2: If refused, send a legal notice (I will draft & send it).
✔ Step 3: If ignored, file a labor complaint (I will prepare all documents).

📞 Let’s take immediate action to get your Service/Experience Letter and protect your career. I will handle all legal paperwork for you efficiently. Contact me today! 🚀

For further Consultation, Contact/WhatsApp on - Nine Five Nine Two Five Zero Zero Zero Six Eight 

You can send them a notice through advocate and if they still don’t provide you the same can approach labour commissioner or labour court for the same

Complain to labour commissioner against company refusal to give you experience certificate 

- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, legally , no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- You can send a legal notice to the company for getting the relieving letter.

You can approach civil Court and compel employer to issue reliving letter, labour Court has no jurisdiction as your salary is above the limit of labour Court. But obtaining order from Court will take years and your name will also be spoiled in market, further there is admitted misconduct. Try to convince the  employer to issue necessary document, once you get documents you will be free bird. Out of Court is best option.

• Check Policies & Contracts: Review your employment contract and company policies. They might outline if the employer must issue a basic service certificate.

• Request Politely (in writing): Ask at least for a simple letter confirming employment dates and your role. Apologize formally and explain you need it for future jobs.

• Consider Labor Authorities: If local laws mandate a service certificate, contact the labor office or commissioner (especially in places like India).

• Consult a Lawyer: If negotiations fail, an employment lawyer may advise sending a legal notice or seeking remedies.

• Focus on Future Jobs:

  • 
    Honesty: Explain the situation tactfully to new employers.
  • 
    References: Ask old managers/colleagues to vouch for you if possible.
  • 
    Growth: Emphasize lessons learned, show relevant skills/certifications.

Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

While a company can technically deny an experience and service letter to a terminated employee, in most cases, it is considered illegal and unethical to withhold such documents, as the employee is legally entitled to receive them; especially if the termination was not due to gross misconduct or serious violations of company policy. 
Companies might try to deny the letter if the employee was terminated for severe misconduct, breach of contract, or due to serious performance issues. 
If a company refuses to provide an experience letter, you can try contacting the HR department, escalate to higher management, or seek legal advice to enforce your right to receive it. 
Many companies have specific policies regarding the issuance of experience letters. Some may provide them regardless of the reason for termination, while others might only issue them for resignations or layoffs.

If you exhausted the remedies within the company then you can escalate legal options. 

- You can send a legal notice

Litigation is long drawn process 

we ca. it give you timeline within which you would get results 

you can complain to labour commissioner against company refusal to give you relieving letter 

if your salary is more you cannot go to labour court 

Since HR is ignoring your requests, sending a well-drafted legal notice is the best way to pressure them into issuing your Service/Experience Letter without unnecessary legal delays or risks.

Why a Legal Notice Works Best

• Immediate Action: HR departments take legal notices seriously to avoid further escalation.
• No Impact on Background Check (BGC): The notice remains private unless you escalate it to court.
• Faster Resolution: Most companies respond within 7-15 days to avoid labor complaints.
• Legally Enforceable Proof: If HR still refuses, the legal notice strengthens your case for a Labour Commissioner complaint or civil suit.

What the Legal Notice Will Demand

• Confirmation of your employment tenure and position.
• Issuance of a neutral Service/Experience Letter.
• A deadline of 7-15 days for HR to respond before legal escalation.

How I Can Help You

• Draft and send a legally strong notice to HR and senior management.
• Ensure the notice is professionally structured to maximize chances of a quick resolution.
• Guide you on next steps if HR still refuses, including escalation to the Labour Commissioner or a civil case.

A legal notice is the most cost-effective and efficient solution. Let’s act immediately to get your letter without unnecessary risks. Contact me today.

For further Consultation, Contact/WhatsApp on - Nine Five Nine Two Five Zero Zero Zero Six Eight 

Your employer is not legally bound to issue a relieving or experience letter post-termination unless stated in your employment contract or company policy, but they cannot deny a basic employment verification letter confirming your tenure and designation. You may first attempt to resolve this amicably by sending a formal request via email. If they continue to ignore your request, you can issue a legal notice demanding a service certificate, and if that fails, you may file a civil suit for declaratory relief in a civil court, as the Labour Court does not have jurisdiction over employees earning above ₹24,000 per month. Alternatively, you may approach the Labour Commissioner for mediation, though it may not guarantee relief. Initiating legal action may not directly impact your background verification (BGC) unless your previous employer explicitly mentions it during reference checks. If you proceed with a legal notice, a response may be expected within 15-30 days, whereas a civil suit could take several months. Given the potential delays and costs, it may be pragmatic to explore alternative ways to verify your employment, such as using your offer letter, payslips, and termination letter. If you wish to proceed legally, I can assist you in drafting a formal legal notice.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor

If your employer is ignoring your request sent by email you have to resort to serve legal notice demanding the relieving letter.

If you have been already re-employed then there may not be a necessity for a reliving letter.

If there was no mention about the previous employment with the new employer then the question of experience letter also do not arise.

However if you have already mentioned your experience then whether you submit relieving letter or not the new employer will obtain back ground verification from the previous employer and if it is stated that you were terminated for some adverse reason that also will impact your new employment.

Therefore you can initiate legal action only if you feel it would be very essential to protect your future interests, if any

You can go to labour court salary is not bar its work profile. Even if you can’t go to labour court civil court option is always open to you 

These cases are very common in various Courts of India and Supreme Court. You can send a legal notice through Advocate asking for compensation for the mental and physical agony you are facing. My team has handled with similar issues. You have the right to take the Experience letter/ Relieving letter. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. Time limit of 7-15 days can be provided to the other side to resolve. In most of the cases, it has been held by Supreme Court that Courts should bear in mind that in most of these cases, the employer is in an advantageous position vis-à-vis the employee or workman. He can avail the services of best legal brain for prolonging the agony of the sufferer, i.e., the employee or workman, who can ill afford the luxury of spending money on a lawyer with certain amount of fame. 

You may contact my secretary to connect with me for clarification. 

Dear Client,

As you were terminated for misbehavior, your employer is underno obligation by law to provide you with a relieving letter or experience certificate other than the termination letter. You are entitled to seek a Service Certificate under Section 39 of the Karnataka Shops and Commercial Establishments Act, 1961, which details only your tenure and designation without specifying a reason for termination. As your pay ismore than ₹24,000, you cannot go to the Labour Court, but you can initiatea civil suit for wrongful withholding of a service certificate. Before going tocourt, you can issue a formal legal notice through a lawyer, seeking at least a basic employment confirmation letter. If you go to court, it could take months, and possibleemployers who do background verification (BGC) could hear about the litigation. Keeping time and cost in mind, it's better to negotiate with HR again, possibly through a senior referral, before resorting to law.

Thanks for your appreciation 

You are welcome for your appreciations 

Best of luck