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 ?


Asked on 11/06/08, 9:54 am

2 Answers from Attorneys

Nasir Butt Nasir Law Associates

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

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Answered on 12/07/08, 8:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 11/06/08, 10:06 am


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