Experience Certificate From Unregistered Period Of Company ? - CiteHR
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Ankitchaturvedi
Manager - Hr Excellence
+3 Others

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Hey people. I'm New here on this forum. Looking to learn something new and hopefully give back to the community as well.
I have a question :
We have been running an IT company since an year now, and after finally gathering the finances required, have decided to register the company next month.
However, we have had 3 people working for us since an year now and we have been paying them out of our own pockets.
What i would like to ask is, are they eligible for an experience letter since the time of company registration or since the time they are working ?
If we were to give them an offer letter after company registration, what date would the offer letter mention as the date of joining ?
Any help is really appreciated. Thanks.
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Dear Friend,



If an offer letter has been issued after the registration of the company then it is legal...



If an offer letter has been issued before the registration of the company i.e. when the employee joins then also it is legal.

But in case any of the employee files any case in the court you and your company will be trouble and can also lead to cancelling of the license....



The same would apply for the experience leter...but usully experience letter is issued for the period the employee has worked for....



If you give your employees a offer letter, you need to issue it from the time they have joined because the period of employment which wil be mentioned their experience letter should match with the date of their offer letter (date of issuing the offer letter)...If you do not issue the offer letter from their date of Joining then their experience will not be termed as legal....



I suggest that before issuing them a letter, you need to consult your employees and take their suggestions.....



Regards



Ankit Chaturvedi

09869851356


First off, thanks alot for your response Ankit. It was very detailed and cleared most of my doubts.
Another thing i would like to know is, will the experience letter be valid ? If the employee were to present this experience letter in another company, will it be valid because he was working for 1 year in unregistered company ?
Dear WarDoGG
I welcome you to CiteHR.com and thank Ankit for providing the answers.
To quell any further questions that you may have, on this topic; I would like to inform you that Experience Letter per se, has nothing whatsoever, to do with the registration of a company. Both are separate issues.
You can easily TEST this hypothesis on your own, by asking the following questions, and getting your own answers :
Do employees working in un-registered companies, are not entitled to get Experience Letters ?
Can one ignore the experience if an employee has worked in such iconic start-ups as Microsoft and Dell; before these companies were incorporated ?

For future employees, you already have been provided suggestions.
For employees (present or past) who had been with you, you can indicate the pre-registration tenure in the experience letter itself.
Warm regards.
The correct procedure to overcome this problem is like this:
Issue experience certificate to such employees who have been working in the organisation before incorporation would read as under:
This is certify that Mr xxxx has been associated with our organisation since xxxxx. He was closely involved in his job profile even before the company's inception. As a founder employee, his services were commendable....
Sir,
My name is raj kishan presently am working in organisation called yes energy solution, my Employer is ready to give experience certificate for 1 year,but our orgaisation had got registrated only 8 months back.
If he provides experience certificate for 1 year is it valid?
I am feared of background verification from my next company am joining. .
will there be any problem with experience certificate and organisation registration date during background verification of my nex company??
if so am requesting to please suggest me solution.
thanking you,
Regards
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