Madhu.T.K
Industrial Relations And Labour Laws
Dhurin.Wala
Assistant Manager - Hrd Mktg

Dear experts,
I have recently applied for Permanent Residence to Canada. The immigration department has asked for Employment Reference Letter from my previous employer. But my previous employer is refusing to provide the same, stating that it is against their policy. Failure to submit the letter to the immigration department will result in denial of my application.
Kindly suggest.
What do you mean by Employment Reference Letter? Is it something which is issued by an employer stating that you 'are' an employee of the organisation or is it okay that the (previous) employer certifies that you 'were' employed in his organisation? In the former case, only a current employer can issue it but in the latter case, you can use the experience/ service certificate issued by your previous employer as reference letter. No employer will issue a certificate in favour of a past employee stating that he 'is' presently employed with him.
Madhu.T.K
Employment Reference Letter means, my previous employer needs to mention following details on company letter head.
1. My designation
2. My tenure with the company.
3. Working hours
4. Salary
5. Roles & Responsibilities
The immigration department need this details to confirm whether I have applied under correct NOC code.
They have mentioned in their mail, that if I fail to provide this letter then it will result in rejection of my application.
I have been in touch with the company's HR. They refusing to provide the letter stating it is against their policy.
I left the company on a good note and full & final settlement has also been done.
Normally, the first two things would be there in the service certificate given by the employer. Roles and responsibilities may also be available in the service certificate but I don't think that salary and working hours (?) will be there in it. If the employer has a template of issuing certificates you cannot change it according to your requirements. In order to show the salary that you had been drawing from the company, you can only produce the salary slip.
Madhu.T.K
For PR to Canada, my nephew is asked to submit employment reference letter confirming that he is currently on employment roll of company he is serving , his job functions, current designation, period for which he is working. Employer is refusing to give such letter though my nephew's appointment letter does not specify such restricting condition. He has completed 3 years of service.
What is the legal remedy to obtain such letter ?
Hi Janak Soni,
Please do not look for legal remedy. Legal process will constrain the relationship.
Ask your Nephew to talk to his/her HR politely and explain the requirement. In general in most of the Companies HR follow standard format for employee related certify letters like bonafide certificate, salary proof certificate, experience, relieving certificate etc. Actually there is no rule in any company that HR should not provide such letters like employment reference letter. But HR will mostly be reluctant to issue certificate for unknown fear. When some one repeatedly follow up they will issue after confirming with their superior.
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