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
From India, New Delhi
Dear friend,
Your query needs to bit more elaborate.
Whether the phrase " contractual employee " indicates a direct fixed term contract of employment with the organization or an out-sourced contract?
Only in the case of former you can demand an experience certificate from the organization; in the case of latter, you have stake your claim with the contractor and not the organisation 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 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 make it compulsory to issue 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
5967Your query needs to bit more elaborate.
Whether the phrase " contractual employee " indicates a direct fixed term contract of employment with the organization or an out-sourced contract?
Only in the case of former you can demand an experience certificate from the organization; in the case of latter, you have stake your claim with the contractor and not the organisation 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 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 make it compulsory to issue 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
Dear Sir
Thanks a lot for your insightful reply. I am directly employed with fixed term employment with specific tenure (although there has been 1 more extension for 1 year without any day break). Further, delhi shops and establishment act is this - https://labour.delhi.gov.in/content/...shops-act-1954
From India, New Delhi
Thanks a lot for your insightful reply. I am directly employed with fixed term employment with specific tenure (although there has been 1 more extension for 1 year without any day break). Further, delhi shops and establishment act is this - https://labour.delhi.gov.in/content/...shops-act-1954
From India, New Delhi
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Experience certificate.doc