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Prasad (working Employee)     23 April 2023

Service certificate from closed company

In case we lost 10th , 12th , Graduate /undergraduate degree we can able to get the copy from the respective Boards . What if it is a private company and the company ceased to operate . What legal option available after this . Because most of MNCs are asking service certificates from past employers , what if they not accepting Form16 , EPFO records as evidence of employment .



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 1 Replies

Pankhuri Rastogi   10 November 2024

Hello Prasad,

After going through your query, I understand your concern regarding the service certificates and here I am to provide you with a piece of advice that might help you out.

If the company for which you were working previously ceases to operate, then you can go for certain legal pathways for addressing the situation to get a new job, as MNCs do require service certificates from previous jobs.

You can rely upon some alternative documents such as Form 16 or EPF records as the proof of employment and there are 99% chance they will accept these documents as these demonstrate the proof for the taxes that you have paid.

 This can be validated by the Employees’ Provident Funds and Miscellaneous Provisions Act, of 1952, as they claim these records as valid for the confirmation of the employment. In the case of Rajesh Agarwal vs. Union of India (2005), the Delhi High Court has also stated that EPF records are valid proof of employment.

But as you have mentioned, if these documents are not enough, as per the policies of the company you are applying for, then you move to the office of the Registrar of Companies (RoC) concerning the details of the company’s closure. They will also help you to get some record of your employment during that time.

You can also reach out to your colleagues or other employees who might help you out by providing affidavits confirming your employment status in that company.

You can provide proof of the salary depositsv in your account as secondary evidence as per the provisions of the Indian Evidence Act, of 1872.

At last, I hope I was able to help you with my knowledge and if you need further clarifications, then Please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)

Thank You.


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