Hi all, I am working in HR dept of a multi-specialty hospital in Rajasthan. We follow the practice of giving an Experience Certificate to staff nurses only after one year of qualifying service. I want to know, does Labour Law provide guidelines regarding issuing experience certificate to employees or can the Institution exercise its discretion?
Please guide.

From India
rkn61
465

There are typical formats for issuing certificates in Labour laws. However, organization may use its own discretion in issuing Experience certificates to employees.
From India, Aizawl
Dear Manisha,
Issuing Experience Letter has no direct link with Labour Laws. As per my understanding (knowledge) there is no guidelines issued for issuing "Experience Certificate".
However, I would like to add, in various Hospitals the Nursing staff is hired through Third Party Contract. In such case you have to incorporate proper wordings which resembles that staff was hired through ==========.
Senior can suggest more views and pls correct me (if required).

From India, Delhi
Hi Manisha,
May be your SO might contain such a clause making the employer to commit to issue a Certificate of Experience/Service Certificate. Pl.check that.
As it turns out (and it has always been like that), NO EMPLOYER is entitled to DENY experience certificates (service certificate in legal terms) to an employee or a former employee. If the employee demands such an experience certificate during or after the term of employment, the organisation is BOUND to issue one.
Also read this link where citeHR members discussed this earlier-
https://www.citehr.com/439100-criter...ce-letter.html

From India, Bangalore
Dear colleague,
It is not correct to say no labour laws require issuing service certificate to employees. The contract labour act/rules and model standing orders under IESO Act privide for it. Please refer to the relavant clauses.
The service certificate/employment certificate generally covers mention of the period of employment, designation and reasons for seperation and written on the company's letter head duly signed by the authorised signatory. But the
Employer can use his discretion and add any other relevant particulars.
Wherever above referred Acts apply, it will be mandatory to issue Service certificate. In other cases it is voluntary but it is considered good HR practice generally to issue unless there are valid reasons not to do so.
Regards,
HR and Employee Relations Consultant

From India, Mumbai
I don’t see in CLRA Act any provision to issue experience certificate. Check the Rajasthan state Shops and commercial establishments Act .Kerala Act has a provision.
From India, Thiruvananthapuram

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