Saswatabanerjee
Partner - Risk Management
Bodhisutra
Manager, Operations
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
B K BHATIA
Director Of Company
Its Mee
Hr At Gwb It Solutions Pvt Ltd
+4 Others

Hi,
In case any employee who worked for say suppose 2-3 months with the company only and expects the experience and reliving letter to get release from the company's end ..
The company should release the letters or not despite the employee did not serve the company not at least for 6 months, in this case wht should be done..
Kindly let me know, Since it comes across on a casual basis..

Thanks

From India, Indore
what is procedure for giving experience certificate. any minimum service to be rendered for the same.
From India, Hyderabad
It depends on the policy of the company. Normally experience letter is given only if substantial contribution is made by the employee, which needs some minimum period of service. It also depends upon the employee and why he/she is leaving. If the employee had been a sincere and hardworking person and has made an impression in the company he deserves an experience letter even if he/she has worked only for a short period. It also depends on why the person wants to leave - whether for a better prospect (which the company also would like him/her to have); or going abroad; or due to some family problems etc. All these factors are to be taken into account for deciding whether to give a letter or not.
From India, Madras
In the Philippines, it is a normal practice to issue certificate of employment for resigned employee even if employment record is only for a short duration in order to avoid labor/legal issues.
A simple employment certificate containing basic information such as: employee's name, position held, department to which he/she belongs and the period of employment. Putting the salary would be optional on the part of the requesting employee.
Should the prospect employer of the resigned employee would conduct an employment background reference check pertaining to his/her performance, then this can be answered by his/her immediate supervisor. The performance appraisal rating/record is normally not recommended to be indicated on the certificate especially for short period of employment.
Thank you.

From Philippines, Manila
Normally organizations keep an employee on probation for a period of 3 to 6 months. On successful completion of the probation period (which is based on performance appraisal of the probationer), an employee gets confirmed. Some companies extend the probation period if performance is not up to the mark, others may even say 'Good-bye' to the probationer. Issue of 'Experience Letter' is a clause applicable only to the confirmed employees, but the period served may include the probation period. Some companies even specify in their 'Appointment Letter' the minimum period an employee must serve in the company & the Notice period (30 to 90 days) for resigning, to become eligible for the 'Experience Letter'.

Remember, employment is a contract between the employer & the employee and the 'Terms & conditions of this contract', which are accepted & signed for by both parties, determine the eligibility criteria for all types of HR issues related to separation from the company. Therefore, most important aspect in the 'Life cycle management' of an employee is the 'Offer/ Appointment Letter'. All HR policies of the organization have a direct bearing on this single document (which has a legal sanctity too).

You may like to map your HR practices on the process described above and manage each situation objectively.

From India, Delhi
Dear "Its Mee"
Its a common error of judgement, (esp. in Indian HR scenario), to link the two issues of experience letter and duration of service.
In this connection, I appreciate and endorse the practice in Philippines, presented by our member Mai_nuccun; as quoted below.
Not only this, I also foresee this requirement; in future, due to security and other reasons - a company may have to give experience certificate even if a person has worked even for a few days in a week..
@ B K Bhatial and Bpughazhendi
Employment contract/agreement is a primary document - its true; but remember - its not sacrosanct.
There can not be any un-lawful or illegal terms and conditions in not just an employment contact, but in any contract.
Similarly a practice that is against the principle of natural justice or is clearly exploitative; will render that contract null and void.
Warm regards.

From India, Delhi
Dear Its Mee,
I appreciate the topic that you have started and is well-brought-up by the other CiteHRians... There have been system for everything that has put up in place to follow for the "WELL BEING" of employees and so with employers.
Experience certificate is a simple document covers details on your tenure. However, we are in practice of the same since ages. I go by what a COMPANY prefers related to the rules and trend set. If I have the employee employeed he is still provided with an experience letter that he has worked for. Its the same with a probationary or a confirmed employee. The bonds and other documents are redundant.

From India, Visakhapatnam
Hi,
I suggest you to kindly check the law governing the service conditions of your employees. Like in our case in Mumbai, we are covered under the Bombay Shops & Establishment Act. As per the Bombay rules under The Industrial Employment (Standing Orders) Act, which is a central act, wherein it is mandatory to issue experience certificate without therebeing any limit of service.
Regards
DINESH

From India, Mumbai
We often mistake service certificate or experience certificate with a testimonial on the accomplishment of servcie, character and conduct of an employee during his tenure and thus proceed to stipulate conditions on our own like existence of a clause in the contract or length of service shall be adequate enough to merit such service(experience) certificate.Service certificate shall be a simple document acknowledging the fact by the employer that so and so was in the servcie of the company from so and so date and left the servcie on a particular date.Therefore a servcie certificate can be given without reference to the length of tenure, as a sound administrative practice. I have not come across any statutory provisison on this issue except in standing orders as Mr.Dinesh Bandarkar rightly pointed,Even this has a limitation since the standing orders are applicable to only workmen. What if, some one is not a workman? Then should it be incorporated in the contract of servcie? What if the contarct of servcie is silent on this? Should the employee be denied a servcie certificate? This is the issue. members suggestions invited.

B.saikumar

HR & labour law advisor

Mumbai

From India, Mumbai
From all the discussions above, two issues emerge:

1. Certificate issuing is governed by the terms of contract of employment;

2. Whether there is a contractual obligation or not it would be good practice to issue an experience certificate to all employees who leave the company, irrespective of their length of service.

The second point of view appears to be the more preferred one.

This leads to the question what this certificate should contain? If it is bare statistics about the - Name; Designation; Date of joining; Date of leaving; Salary last drawn; and reason for leaving there are no difficulties. Perhaps there is an implied "right" to the employee to have such a certificate from the employer. But beyond this if any mention has to be made about this performance in the organisation, it is debatable. Can a leaving employee force the employer to issue him a certificate stating that his performance was 'outstanding' or 'very good'. Such encomiums are at the discretion of the employer only. No one can compel him to do so.

From India, Madras

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