Employer not providing experience/service certificate

If I were you, I would send them a letter via speed post requesting the same. Send a reminder after two weeks if you don't get a reply. Keep the postal proof along with the delivery confirmation (speed post online status will do) for your record along with a copy of the letter you are sending.

If you don't get a reply within 4 to 5 weeks then you can look at other avenues available to you... either thru a court or thru the labour department...

FYI: if you have the relieving letter along with the appointment and salary slip then that should be more than sufficient.... but if you still need an exp certificate then follow the process above and report back the result for further action...

Also, which state are you from? this will help nail down the applicable laws & authority to approach...

Pl. clarify that you have made the payment to the company in lieu of notice period through cheque or chash whatever it may be you might have the receipt. Pl. take a xerox copy of the reciept, copy of the relieving & final settlement paper and the correspondance you had with the HR manager of your earlier company attach all these papers to a letter addressed to the Asst. / Dy. Commissioner of labour and submit.

If even after doing this if they have not issued the letter then should not spare them then you have to go to media and give the statement so that atleast some more will not become scape goats and finally you can send a legal notice to settle the issue. These are all to safe guard others but as far as I am concerned as suggested by Mr.Raj i don't think you need the service certificate because you have the relieving, final settlement, pay slip etc with you.

Regards - kamesh

Learned Mr. Raj, Mr, kameswarao have given valuable advice. Kindly follow it.

Employer is duty bound to supply you the FNF statement, work experience/service certificate, relieving letter. You are within your rights to lodge a complaint with o/o Labor inspector mentioning date, time, phone numbers ( yours and of HR manager), in person representation etc. You may demand that this HR manager should be called in person along with policies of the company stated by him/her.

Employee should record (audio/visual) statements/representations which shall be useful later in an appropriate forum. While you may submit a letter to company kindly ensure that it is addressed to your appointing authority and details of the statement of this HR manager is mentioned by you, and policies of the company stated by HR manager are demanded by you.

It is for sure that the statement of this HR manager is verbal and has not been issued in writing and the concerned policies of the company stated by HR manager are not supplied to you.

Relieving letter is issued post all settlements and you have settled even the notice pay. You are a good employee. This company and this HR manager should express their gratitude rather and should happily issue not only work experience/service certificate, relieving letter, but a good conduct certificate.

work experience/service certificate, have their own role, use, and are certainly required for your future ventures e.g. immigration, work visa etc. Would you again start the process when it is demanded by some other employer or for your future ventures, and suffer? Why you should give up your rights?

You should bring the matter to its logical conclusion.

This HR manager is probably not aware of the implications of treatment meted out by him to you and that he/she shall have to face the brunt of it. HR manager is duty bound to point out to his/her employer while deciding the policy or even while applying a policy which has been finalized by his/her predecessors, that their policy is wrong/unfair/illegal.

Anyone involved in formulating or implementing an unfair/illegal policy is to be treated as offender.

In your case both the policies of the company and actions of the HR manager are unfair and liable to be awarded reprimand and penalty.

As rightly advised by learned experts/members if you lodge a complaint and add force, it shall be rewarding for you and many others.

It is their funeral and let them handle it.

Dear Members,

Thank you for your replies. This is a company in Chennai (Tamilnadu)

Following are my mail to my HR and the funny responses are as follows:

1. When i sent my first mail as a request for the service certificate

HR Reply -> "Dear ----,  You should have served the notice period of 90 days to be eligible for service letter. 
Regards,......."

 [ is there any eligibility crieteria to get a service certificate ? ]   [sounds like a gas to me]

2. Again i sent a reply stating "Kindly refer to my mail requesting for the Experience certificate , wherein i have mentioned that this document is mandatory as a part of my current employer recruitment process  . I have served ---- for more than 3 years and serving a notice period of 90 days wasnt feasible at my end due to personal reasons, and therefore i have given monetary compensation to the company. 

I would be highly obliged if you consider my request in terms of a career prospect of an individual and provide the Experience certificate.   Regards........."

Reply : "Dear......While we fully appreciate your anxiety, we, do not see our way to oblige you. Nevertheless, we will be happy to share the information if any needed by your employer if they call us
Regards .....HR Mngr"

[ such a sarcastic mail from an HR , who is suppose to look after the welfare of his employees and talk about ethics and work culture...  As per him in future whichever company i join in have to call him for Service certification. Now this wont be acceptable to all companies and would lead to a regret letter or termination ]

Still i sent an earnest request follow up mail to consider it as a career prospect of an individual , and he dint reply to this. Alas, i had no option but to make a follow up call. And surprisingly.. " He said i have already mentioned you that as per our laws and policies we cannot issue service certificate to employees who have not served for more than 90 days" .  I told him" if tomorrow the company. closes down or the concerned person i was reporting to quits or this HR person quits who will certify my service ?".  He is adamant of not giving the certificate at any cost. Adding on ," i told him we were not apprised that there is such conditional law of not giving certificate nor any mention to us while joining, and getting an exp certifcate is a right of every employee and i have to consult a legal advisor on this" (i tried my best to get the certificate at the best of my relationship, but at the end I had no way out after listening to his continuos NO and my need of the document after earnest requests). He said " if you feel its your right , go and get it  and since u have brought the word of legal action, do whatever you feel like "and he dropped the call.

Surprisingly i dont see any reasons for an employer to deny a service certificate to any employee, unless its abscond or something worse...

Now, what next ..please suggest ...

Pl. clarify that you have made the payment to the company in lieu of notice period through cheque or chash whatever it may be you might have the receipt. Pl. take a xerox copy of the reciept, copy of the relieving & final settlement paper and the correspondance you had with the HR manager of your earlier company attach all these papers to a letter addressed to the Asst. / Dy. Commissioner of labour and submit.

Sir, they have deducted the same while settling my amount on leaving , which is mentioned in Settlement document

It is believed that company has never issued any charge sheet/show cause notice/memo with adverse comments on your conduct/adverse comments in appraisal reports etc.

You have posted that, the statement of the HR manager is

-"i have already mentioned you that as per our laws and policies we cannot issue service certificate to employees who have not served for more than 90 days""

This HR personnel has asked you to refer him to your future employers to conduct your reference check on phone during which he/she can pass good/adverse feedback.

Have you recorded the statements of this HR personnel?

You have the option of approaching the good offices of your company first and then o/o Labor commissioner or o/o Labor commissioner direct, or issuing a legal notice. All this is going to happen due to the nasty HR personnel whose conduct is bad due his indivisual choice or under instructions of his superiors.

You may submit a written communication addressed to good offices your appointing authority, MD,CEO, Head-HR, Company secretary and narrate the incidences in chronological order , and mention your achievements/contributions and that you have served the company for ......years honestly and no adverse comment has ever been apssed on you and your conduct has been appreciated by one and all, and mention   the statements of HR personnel ( mention name and designation, department) verbatim and request the good offices to supply you by redg. post the laws and policies quoted by this HR personnel, may be supplied to you in writing and it may be stated the contentions of this HR personnel are his individual or of the company. You may mention that work experience/service certificate and reliving letter should be supplied to you within say next 7 days by redg/speed post. You may mention that this HR personnel has rudely stated that you may go to any court for getting the documents due to be supplied to you and has threatened bad report during reference check., while you are not inclined to do so and expect relief from good offices.

Only in the event that good offices do not grant relief and do not cause any adverse effect on your future employment, source of livelihood, you shall be constrained to approach a lawful authority, as deemed fit.

If the good offices do not grant any relief you may approach the o/o labor commissioner and raise your demand to cal this HR personnel in person, and let him be reprimanded in a court of law.

You may use your resources and obtain all addresses of this HR personnel, and if he arranges to post adverse comments in your relieving letter, you may sue him.

Thank you Mr. Doab .

Will work out on your suggestions as well

आदरणीय महानुभाव ,

मैं भी इसी कड़ी का एक भुक्त भोगी हूँ, मैं पिछले ६ साल से एक कंपनी में कार्यरत था ।

मैंने वहाँ से रिजाइन कर दिया, और मुझे कंपनी छोड़ने का पर्माण पत्र, तो मिल गया, पर कंपनी वाले मुझे ( Experience letter  ) नहीं दे रहे । मैंने कई बार कंपनी के ( HR, GM ) को पत्र लिखेः पर कोई भी जवाब देने में वो लोग असमर्थ हैन। क्या karu...