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Chetan Bv   16 August 2024

Laws mandating issuance of service certificate/ experience certificate upon resignation/dismissal

Learned Experts,

Please provide me references on the laws mandating the issue of Service Certificate by employer to the employee in case of resignation/dismissal/Termination.

Regards,

Chetan



Learning

 4 Replies

Real Soul.... (LEGAL)     16 August 2024

There is no such law, though you can file for laobour complaint and they can direct the employer for providing of certificate. Google about the supreme court judgments for that

T. Kalaiselvan, Advocate (Advocate)     16 August 2024

No employer can deny the experience certificate to his employees unless he has cheated his employer or ran away without fulfilling his assignments prescribed by the company.

An employee's resignation is accepted in the relieving letter, and the last working day is mentioned. An experience letter, also known as the service certificate, details an employee's name, designation, gross annual salary, date of joining, date of leaving and the kind of experience an employee has had.

Experience letters are crucial for individuals seeking better job opportunities, as they provide a verified record of their previous employment.

If some employer is not budging to even for the legal notice then you can move to the labor department or file a complaint under the relevant sections of labor laws. You can also file a civil lawsuit in courts

Chetan Bv   16 August 2024

Dear Kalaiselvan Sir,

I am unable find any relevant section in ID act, can you please provide reference to relevant sections in labor law

T. Kalaiselvan, Advocate (Advocate)     17 August 2024

It is not mandatory to issue service certificate under the provisions of any act. However, it is important to issue this certificate as the employees who served in the company can pursue their further career. If you do not issue the certificate, then it could nullify their tenure in your company. 

However on the interference of labor court or labor commissioner, the employer may have to oblige with the instructions so passed. 


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