AnonymousDear All, I have joined a new Company recently as HR Manager. After joining I came to know that in this Company they do not provide Experience Certificates unless the employee serves a tenure of at least 5 years in the Company.
Now there is an Employee who has served only 1.5 years in this Company and since he got job in a Foreign Country, he left this job and provided a fake experience certificate to the Foreign Company. When that Foreign Company sent a verification mail to this Company, the previous HR Manager in my place replied it to be fake as although the details mentioned in it were correct but it was not provided by the Company and the employee had forged it.
Now that Employee wants an Experience Certificate as the Foreign Company has sent him back for the same.
But our management is not willing to provide him the same for 2 reasons: - a) They do not provide the Certificate before completion of 5 years and b) He had done a forgery earlier.
The Employee is threatening to go to court. Can he do so? & Will this Indian Company be penalised for not providing Experience Certificate?
Note: - The Employee had served the Notice Period and has also been provided his Relieving Letter...
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Sr.manager - Hr&admin
Retired Government Servant/advocate
The practice of your employer not to provide experience certificate if employee didn't complete 5 years of service is not correct. On the other hand ex-employees act of submission of fake experience certificate is also not right. He could have presented the relieving order and appointment order which was provided earlier.
If your employer doesn't want to provide experience certificate for less than 5 years service then that Policy should be informed to candidates before their date of joining with the Company. As you have joined them recently you may explain your employer the necessity of providing experience certificate when the employee serve proper notice period.
The employees has the right to take up the issue legally and pray for legal remedy by justifying how the decision of company had a great impact on their career financially.
From India, Madras
AnonymousThanks for the insights. Will discuss this with my Management.
From India, Mumbai
firstname.lastname@example.orgIt is the ordinary right of a person to get experience certificate for the period he had. The employer cannot deny the same on whimsical stand and call it a 'policy'.
The employer is liable if taken up in Court of Law. If taken up in Writ Petition in the High Court, there is every possibility that the issue of the Experience Certificate could be held to be a public duty cast on the employer, though private, and, hence, there is a strict liability.
From India, Kochi