Legal Question in Employment Law in India
Can Employer deny in issuing experience certificate?
Hi,
If you server complete notice
period and get re-leaving letter
from the employer, is it possible
that employer deny or show
reluctance while issuing experience
certificate . In India , you get re-
leaving letter few days after getting
re-leaved? Is there any law which
force the employer to issue
experience certificate within in a
certain time boundary ?
2 Answers from Attorneys
Re: Can Employer deny in issuing experience certificate?
There is no law in India compelling Employer to issue experience/leaving certificate except to making request, whereas in Pakistan law is available in doing so. Section 19 of the West Pakistan Industrial and Commercial Employment (Standing Orders') Ordinance, 1968 provides following provision:---
19. Certificate of termination of service.– Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, retrenchment or retirement from service.
Can be seen from:---
http://nnbutt2000.0catch.com/laws/standing.htm
Re: Can Employer deny in issuing experience certificate?
The employer may not be bound in law to issue an experience certificate. The issue is interesting and may come up in a suitable case before the court; I do not think any statute binds the employer to issue such a certificate though that is a common practice.
The litigation in India is costly and time consuming, the results are uncertain. You may not like to take the court route.
In the given situation, my advice : try to persuade your employer pleasantly to help you out.
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