A common question arises in Contractual or Temporary Employment Whether on termination of the Contract Employee the Employer is bound to issue the Experience certificate ?
In Contract Labour Law [CLRA] the Relieving Letter is called as Service Certificate and governed by Rule 77 of the CLRA Rules .This can also be called as the Experience Certificate.
Service certificate.-On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a
Service Certificate in Form XV.
The salient details are:
Name and address of contractor
Name and address of establishment in/
under which contract is carried on …………
Nature and location of work
Name and address of the workman
Age or Date of Birth
Identification Marks
Father's / Husband's name
Total period Employed
Starting Date:
Ending date:
Nature of the Work :
Details of Salary/Wages;
Consequently issue of the Service Certificate as per Form XV is mandatory.It has to be automatically issued without request from the Contract or Employee for the following cases:
1.Termination
2.Resignation
3.Absconding or voluntary cessation of work.
Issue of the Service Certificate is also protective as the Last working Day with the Contractor and the Principal Employer is established.Therefore from the Employers side there should be no hesitation in issuing this certificate as a part of the Full & Final Sttlement .Impression to the contrary may lead to Labour claims for back wages and re-instatement claims.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
