How Should HR Handle Experience Letter Requests When Records Are Missing?

Experience Letter Dilemma

I have just joined the new organization as a Sr. HR Executive. I am facing a problem regarding an experience letter as follows:

One of our ex-employees came to the HR Department for an experience letter. She left the organization 5 years ago and is now requesting the letter. However, the company no longer has the old records. On what basis can I issue the experience letter to her, especially since she does not have any documents regarding her relieving?

Legal Considerations for Experience Letters

As an employer, how can I reject the application for the experience letter? Are there any legal provisions for employers not to issue an experience letter after a certain period?

Kindly provide your replies ASAP.

Thank you,

Regards,
Ashish

It is not the fault of the ex-employee that you or your organization have failed to keep records. There are chances that an employee may lose his/her document. Since now you don't have any written records, you can validate the things by speaking with the people who can confirm what she is saying and then take a call. Don't try to judge everything legally; at times, you need to judge morally. Please note I am not supporting the employee by any means.

Meeting Arrangement and Document Request

Prasenjit is right! Please ask the employee to provide a convenient time for a meeting and also try to obtain the necessary data.

Please request the employee to provide at least the payslip or ID card, as it will be helpful for you.

Regards,
Sandeep

Well summed up by Mr. Prasenjit. To avoid facing similar problems in the future, you can now start issuing experience certificates to relevant employees.

Regards,
Vaishalee Parkhi

You are new in your department but can seek help from any senior personnel in this regard. As it is an old company, it is not plausible that your company does not have any old employee data or proof of her employment. There must be some files or database records that are still unknown to you. Try asking your seniors or long-term employees and search again. You can also seek help from EPF & ESIC Returns or any other records/details of your employees that can assist you.

Regards.

Please ask for the offer letter, payslip, or employee ID before proceeding with issuing the letter. It is crucial to never lose the employee database, as it is vital for the organization. Always remember to have a backup in place.

Regards,
Santosh

Issuing an Experience Letter: Considerations and Legal Aspects

There is no legal requirement that you must issue an experience letter. In all such matters, the first thing to consider is the possible repercussions on your employer and then also yourself. Unless your management clears the issue and you have 100% valid records, do not put your company and yourself into a delicate situation (since you yourself are new there!).

You may go through the old records of employees who were eligible and covered under EPF, ESI, and Profession Tax Labour Welfare Fund contribution record. You may also verify with the employees who might be known to him/her. If the salary was being paid by cheque or credited to a bank account, then ask the former employee to forward the same to you and get verified from your banker whether the details regarding cheque numbers furnished by the employee tally with the record of your bank.

Regards,
RL Dhingra, Advocate
Labour Law Consultant, Delhi
[Phone Number Removed For Privacy Reasons], email: [Email Removed For Privacy Reasons]

It's just a fault from both sides. Ask her for the appointment order and check your database for her service.

Thanks and regards,
Hormis J
SHRPS