I have been working in an IT company in India since august 2014. While joining this company I signed a 2-year contract which stated that either I will have to pay my 2 month salary, or I will have to serve two months of notice period.

But it further states that the "Company is not liable to issue any relieving documents in case of breach of the contract".

I want to know:

  • What can be the consequences if I don't get a relieving letter from my current company?
  • How can I prove in future that I had served this company for X amount of time in the specified technology?

Thank you.

  • Are you ready to pay 2 month salary? or 2 months notice period? – Helping Hands Sep 28 '15 at 5:08
  • I am ready to pay my 2 month salary, I have submitted them 2 post dated cheques on the day of joining and I am ready to allow them to submit those in to the bank. – Vishwas Goswami Sep 28 '15 at 5:11
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    Related question :workplace.stackexchange.com/q/20945/1193 – scaaahu Sep 28 '15 at 6:16
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    But you don't intend to breach the contract do you? Legal questions generally aren't on-topic here and hypothetical what-if scenario's are also generally frowned upon and are usually required to meet a higher standard. Voted to close as a duplicate of scaaahu's link. – Lilienthal Sep 28 '15 at 8:00

I think relieving documents [i.e experience letter, reliving letter] are very important to prove that you have worked in X company for X years/Months. Also professional companies does not allow to apply for jobs if you don't have these documents. So try to get documents before you leave job.

If you are ready to pay 2 month salary or serve 2 months notice period as per written contract then company must provide you relieving documents. If they does not then you can claim for documents and can do further process as per law. But I suggest to clear things without any issue , Try to convince them and ask them that what is problem in providing documents. Because if you go as per law , it will take lot of time and so many new issue will arise.

At end finally if nothing happen in your favor then to get next job , you can show your salary slips and bank statements [Bank in which you are getting salary] to prove that you have worked in X company for X years. You must have salary slip from start to last recent month.

  • I had served this company for X amount of time in the specified technoloy? The salary slip can prove that the OP did work for that company. But, how would he prove that he used a partucular technoloy? – scaaahu Sep 28 '15 at 5:22
  • @scaaahu - Yes I agree with you about technology , But based on salary slip if OP get chance to appear in interview then he can prove his skill. – Helping Hands Sep 28 '15 at 5:24
  • Yes, How can I prove the technology? and what if the company doesnt provide salary slips as well ? will bank statement be sufficient. ? can the contract force me to serve for two years (i.e. period of the contract.) even if I am now willing to do so ? – Vishwas Goswami Sep 28 '15 at 5:25
  • Salary slip is necessary to prove at least your work period in X company. And that is your right to ask for salary slip in any company where you work. If they are forcing you to serve 2 years then you can go as per law and can take lawyer advice. – Helping Hands Sep 28 '15 at 5:29
  • In my current company I am not getting any salary slips. They deposit the salary directly to our bank accounts. – Vishwas Goswami Sep 29 '15 at 4:32

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