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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117460
Experience:  20+ Years of Employment Law Experience
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I am working software company. I resigned this comapny

Customer Question

I am working for One software company.
I resigned this comapny a year back. They gave me relieving letter and all my leaves payment but not issuing experience letter. When I sent email for experience letter , HR gave below answer
"This cannot be issued to you. The letter you are asking for is a practice applicable for XXXX in India and as per India notice period norms you had not provided sufficient heads up at the time of exit."
I resigned in US and this company is expecting me to to finish India notice period.
If company has concern of india notice period then how come they relieved me .
Could please help me on this. I have spent 7 years in this company and after 7 years they are behaving so rudely
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you are seeking for educational purposes only.
Legally in the US the US employer does not have to provide an experience letter. The experience letter is something that is part of India law, but is not binding on a US employer unless it was specified in your contract that they would provide one. Also, if you did not give them sufficient notice that you were terminating your contract, then even if it was in your contract to provide the letter they would not have to provide it.
Their reply may be rude, but I am sorry to say it is legal and there is no legal means in the US to force them to provide the letter if you did not give them proper notice as provided for and your contract specifies they will provide the experience letter.
So, you need to negotiate with them to finish the proper time if you want the letter and if not the US court has no power to order them to provide one I am afraid.
Customer: replied 2 years ago.
ok the issue is on my appointment letter it says"2 months notice period or they can relieve me before notice perido with management approval"and they already relieved me with proper relieving letter. Now they are not issuing experience letterAnd if they have relieved me properly how come I am not eligible for experience letter.And I have asked they what are your expectation to issue me an experience letter, they are not responding on that.They are just saying you have not served india notice period, we can't give you .
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Did they relieve you first or did you quit and then they relieved you?
If they are not honoring the terms of your contract with them and it says if they relieve you that they still give you the experience letter, then that is a basis to sue them for breach of contract. They are only bound to what the words in the contract say, so if they are not doing what your contract says, you CAN sue for that and it is called breach of contract.
Customer: replied 2 years ago.
I gave them 15 days notice and they relieved me properly without any issue as per my terms of employment . They mentioned that word on relieving letter , "you have been relieved as per your terms of employment" . My appointment letter says "either 2 months or before 2 months with management approval" And if it is without any issues I should be given experience letter . I am not sure why they are doing this harrassment. On phone they are saying you did our billing loss in US but that is not the case , I served them for 7 years, 5 years in India and 2 years in US. They think we are slaves and we have to work till the end of life with them without thinking about any salary increment or promotion.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
So you did not give them sufficient notice, but they gave approval, then that means they have to issue it and refusing to do so is a breach of contract with you. So you need to write them a letter stating you have proof that they approved you leaving sooner than 2 months and as such they are in breach of contract for not issuing the experience letter and you will be forced to pursue legal action against them to obtain it as well as seeking damages from them for their breach of contract.
Customer: replied 2 years ago.
sure I am on office call. I will ping you again to have a call
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I apologize but live phone calls, unlike in other sections on, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.