Dear Seniors,
I have just joined the new organization as Sr. HR Executive. I am facing a problem regarding an experience letter as follows:
One of our ex-employees came to the HR Department for an experience letter. She left the organization 5 years ago and is now requesting the letter. However, the company no longer has the old records. On what basis can I issue the experience letter to her, especially since she does not have any documents regarding her relieving?
As an employer, how can I reject the application for the experience letter? Are there any legal provisions for employers not to issue an experience letter after a certain period?
Kindly provide your replies ASAP.
Thank you,
Regards,
Ashish
From India, Pune
I have just joined the new organization as Sr. HR Executive. I am facing a problem regarding an experience letter as follows:
One of our ex-employees came to the HR Department for an experience letter. She left the organization 5 years ago and is now requesting the letter. However, the company no longer has the old records. On what basis can I issue the experience letter to her, especially since she does not have any documents regarding her relieving?
As an employer, how can I reject the application for the experience letter? Are there any legal provisions for employers not to issue an experience letter after a certain period?
Kindly provide your replies ASAP.
Thank you,
Regards,
Ashish
From India, Pune
Dear Ashish,
It is not the fault of the ex-employee that you or your organization have failed to keep records. There are chances that an employee may lose his/her document. Since now you don't have any written records, you can validate the things by speaking with the people who can confirm what she is saying and then take a call. Don't try to judge everything legally; at times, you need to judge morally. Please note I am not supporting the employee by any means.
From India, Mumbai
It is not the fault of the ex-employee that you or your organization have failed to keep records. There are chances that an employee may lose his/her document. Since now you don't have any written records, you can validate the things by speaking with the people who can confirm what she is saying and then take a call. Don't try to judge everything legally; at times, you need to judge morally. Please note I am not supporting the employee by any means.
From India, Mumbai
Dear Ashish, Prasenjit says right ! Ask employee to give a time at the same time try to get data Ask employee atleast Payslip or Id card it will help full to you Regards, Sandeep
From India, Pune
From India, Pune
Dear Ashish, Well summed up by Mr. Prasenjit. Not to face similar problem in future, now you can start giving Experience certificates to relevant employees. Regards, Vaishalee Parkhi, Pune
From India, Pune
From India, Pune
You are new in your department but can seek help from any old personnel in this regard. As it is an old company, it is not plausible that you (Your Company) do not have any old employee data or any proof of her employment. There must be some files or database records that are still unknown to you. Try asking your seniors or old employees and search again. You can also seek help from EPF & ESIC Returns or any other records/details of your employees that can assist you.
From India, Gurgaon
From India, Gurgaon
Dear Ashish,
Please ask for the offer letter, payslip, or employee ID before proceeding with issuing the letter. It is crucial to never lose the employee database, as it is vital for the organization. Always remember to have a backup in place.
Regards,
Santosh
From India, Hyderabad
Please ask for the offer letter, payslip, or employee ID before proceeding with issuing the letter. It is crucial to never lose the employee database, as it is vital for the organization. Always remember to have a backup in place.
Regards,
Santosh
From India, Hyderabad
There is no legal requirement that you must issue an experience letter. In all such matters, the first thing to consider is the possible repercussions on your employer and then also yourself. Unless your management clears the issue and you have 100% valid records, do not put your company and yourself into a delicate situation (since you yourself are new there!).
From India, Bangalore
From India, Bangalore
Dear Ashis,
You may go through the old records of employees who were eligible and covered under EPF, ESI, and Profession Tax Labour Welfare Fund contribution record. You may also verify with the employees who might be known to him/her. If the salary was being paid by cheque or credited to a bank account, then ask the former employee to forward the same to you and get verified from your banker whether the details regarding cheque numbers furnished by the employee tally with the record of your bank.
Regards,
RL Dhingra, Advocate
Labour Law Consultant, Delhi
09818309937, email: rld_498@rediffmail.com
From India, Delhi
You may go through the old records of employees who were eligible and covered under EPF, ESI, and Profession Tax Labour Welfare Fund contribution record. You may also verify with the employees who might be known to him/her. If the salary was being paid by cheque or credited to a bank account, then ask the former employee to forward the same to you and get verified from your banker whether the details regarding cheque numbers furnished by the employee tally with the record of your bank.
Regards,
RL Dhingra, Advocate
Labour Law Consultant, Delhi
09818309937, email: rld_498@rediffmail.com
From India, Delhi
Dear Ashish, Its just a fault from both side. Ask her the appointment order and check you date base for her service. Thanks and regards Hormis j shrps
From India, Madras
From India, Madras
Hi, I have just started working as an HR professional in a company. One of my employees is leaving the organization as she is planning to study abroad. I need to create a good experience letter for her. She holds two positions in the company. She started in one position and then moved to a different designation. I just want to know if this format is correct.
We are pleased to write this letter to inform you that the employee named _____ has been working for our company, [company_name], in the capacity of (Designation 1) for years/months (from __ to __) and as a (Designation 2) for years/months (from __ to __). She started as a __ and due to her sincere efforts and technical knowledge, she was promoted to _.
Thank you.
From India, Chandigarh
We are pleased to write this letter to inform you that the employee named _____ has been working for our company, [company_name], in the capacity of (Designation 1) for years/months (from __ to __) and as a (Designation 2) for years/months (from __ to __). She started as a __ and due to her sincere efforts and technical knowledge, she was promoted to _.
Thank you.
From India, Chandigarh
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