Dear All, Can an employer in Delhi operating in the service industry refuse to give an experience certificate to a contractual employee who has served notice period and followed other formalities?
From India, New Delhi
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From India, New Delhi
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Dear friend,
Your query needs to be a bit more elaborate.
Whether the phrase "contractual employee" indicates a direct fixed-term contract of employment with the organization or an outsourced contract?
Only in the case of the former can you demand an experience certificate from the organization; in the case of the latter, you have to stake your claim with the contractor and not the organization as it happens to be a principal employer.
To my knowledge, only certain State Shops and Establishments Acts like the Kerala S&E Act, 1961 have specific provisions making the issuance of an experience certificate to employees mandatory on the part of the employer. That apart, clause 16 of the Model Standing Orders applicable to establishments other than coal mines framed under the Standing Orders (Central) Rules, 1946 makes it compulsory to issue a Service Certificate in respect of permanent employees only.
Well, in your case, you can sue the employer and get it, but it would be a long-drawn battle. You can manage it with your appointment letter, relieving letter, and the salary slips alternatively.
From India, Salem
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6185Your query needs to be a bit more elaborate.
Whether the phrase "contractual employee" indicates a direct fixed-term contract of employment with the organization or an outsourced contract?
Only in the case of the former can you demand an experience certificate from the organization; in the case of the latter, you have to stake your claim with the contractor and not the organization as it happens to be a principal employer.
To my knowledge, only certain State Shops and Establishments Acts like the Kerala S&E Act, 1961 have specific provisions making the issuance of an experience certificate to employees mandatory on the part of the employer. That apart, clause 16 of the Model Standing Orders applicable to establishments other than coal mines framed under the Standing Orders (Central) Rules, 1946 makes it compulsory to issue a Service Certificate in respect of permanent employees only.
Well, in your case, you can sue the employer and get it, but it would be a long-drawn battle. You can manage it with your appointment letter, relieving letter, and the salary slips alternatively.
From India, Salem
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Dear Sir,
Thank you very much for your insightful reply. I am directly employed with a fixed-term contract with a specific tenure, although there has been one more extension for one year without any break in employment. Furthermore, the Delhi Shops and Establishment Act can be found at this link: [https://labour.delhi.gov.in/content/delhi-shops-act-1954](https://labour.delhi.gov.in/content/delhi-shops-act-1954).
Please let me know if you need any further information or clarification.
Thank you.
From India, New Delhi
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Thank you very much for your insightful reply. I am directly employed with a fixed-term contract with a specific tenure, although there has been one more extension for one year without any break in employment. Furthermore, the Delhi Shops and Establishment Act can be found at this link: [https://labour.delhi.gov.in/content/delhi-shops-act-1954](https://labour.delhi.gov.in/content/delhi-shops-act-1954).
Please let me know if you need any further information or clarification.
Thank you.
From India, New Delhi
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Experience certificate.doc