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
Chetan Bv 16 August 2024
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
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.