Terminated Employee and Service Certificates: Are They Still Eligible?

Is a terminated employee eligible for a service certificate?

Harsh

Yes, he is eligible for a service certificate with a relieving letter and a no dues certificate.

GS..!!

Dear All,

Termination on what grounds? If it is on disciplinary grounds, would it be pertinent to issue a service certificate? I think it would not be.

In cases other than disciplinary grounds, formalities such as a service certificate, relieving order, no dues certificate, etc., may be complied with. Even mention your best wishes to the departing employee in his future career.

Sincerely,
Shyam Agrawal

If the employee is terminated due to absconding, is he/she eligible for a service certificate?

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"Yes," the employee is entitled to a Service Certificate, but you can mention the reason for leaving the organization, i.e., Terminated/Desertion of Service/Unauthorized Absence for a longer period.

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Regards

Dear friend, termination of an absconding employee is considered a disciplinary action. Therefore, apart from statutory dues, no rewards are given, including a service certificate. The termination order itself is sufficient. However, one may reference the total qualifying service of the employee in the order. For example, the termination order may state: "Services of Shri XYZ, who was employed by this organization from dd/mm/yyyy and was absconding from duties from dd/mm/yyyy, are hereby terminated as of dd/mm/yyyy, the last date on which he attended duty."

Certificate of Service and Legal Requirements

As per the law, a Certificate of Service must be drafted in accordance with the provisions of the Basic Conditions of Employment Act, No. 75 of 1997 (as amended), the Labour Relations Act, No. 66 of 1995 (as amended), and any other statutory requirements. It is compulsory by law to provide your employee with a Certificate of Service upon termination of employment.

From my perspective, the organization should issue a Service Certificate to terminated employees. Absconding is not a major act like a crime or illegal activities. What are your thoughts on this, Shyam?

Dear Prabhu Ji, the law of the land is binding on us, and we must comply with it. A termination order does contain the reasons for termination. Therefore, if it is prudently drafted with necessary details about one's total services, incorporating the date of commencement of services, no separate service certificate is necessary.

Service Certificate Considerations

Generally, a service certificate is considered a recommendatory reference. Therefore, in the case of dismissal, no special service certificate should be issued separately without quoting reasons for dismissal. I do agree with you that absconding is not a major crime or an illegal act. However, I am not inclined to support it. If an employee is not satisfied with his job, he must tender resignation, bid goodbye, and part with it instead of taking recourse to absconding from duty.

Regards

We have to provide a service certificate upon termination (either by the employee or employer) of service, and the format has been specified in the act. We must abide by the rules of the land. For any ambiguity, we should refer to the applicable act. Also, we need to think as humans and should not play with anyone's career.