EXPERIENCE CERTIFICATE
A common question arises in Contractual Employment or Temporary Staffing 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 which term is used normally. 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 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 F & F.Impression to the contrary may lead to Labour claims for back wages and re-instatement claims.
By giving this to the Employee with their acknowledgment the Employer is protected . 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
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