Whether holding experience certificate justified by employer

skg (Querist) 19 October 2010 This query is : Resolved
Dear experts,

In an ongoing labour case a company admits in its ws that they have not terminated an employee due to any misconduct but terminated him because of surplusage.

In this situation can they hold the experience certificate of the employee who is facing problem in trying a new job in its absence.

Also if the PO of labour court has verbally instructed ( on two hearings) them to give it then whether they have still right to hold it.

please give your advice and remedies with supporting case laws.

skg

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Akashdeep Sharma (Expert) 19 October 2010
Dear SKG,

Declining such demand is unjustified on the part of Employer.

Generally, such tactics are adopted by employers in cases, where the left employee chose to challenge his separation of employment.

As you shared that the matter is already before LC, I suggest, you make plea in writing citing legal provisions.

You failed to mention, where you were employed In factory or a Shop or Commercial Establishment.

Anyways, I am referring the provisions of Industrial Employment (standing order) Act, 1946, which is applicable to Industrial establishments. Standing orders primarily envisage framing services rules to clearly define the essential conditions and terms of employment.

I am referring central Rule 20 of the Act, which states that Every workman, who has employed continuously for a period of more than three months shall be entitled to a service certificate at the time of his leaving the services.

Your's is a legitimate demand and you are legally entitled to claim for the service certificate for the services rendered with you.

Akashdeep Sharma