Should We Include Client Details in Experience Letters for Contract Employees?

Hi,

We are a contract staffing consultancy and have placed many employees in different organizations on our payroll. Since they work at the client's location, should we mention the client's name and their designation in the experience letter? Please share the format for the relieving letter for contract employees if available.

Regards,
Sunil Kumar
Dbrightspeir Consultancy

If the employees are deployed by you at your client's site and the client treats them as employees engaged through a contractor by including your company as a contractor under the Contract Labour (Regulation & Abolition) Act, then you have to issue the Service Certificate in the prescribed format as per the provisions of the Act. The format is attached for your ready reference. If it is not, then you have to issue the experience certificate on your letterhead, in which case you cannot disclose the client's name without their consent.

Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA

Dear Sunil Kumar,

The employees may be deployed by you but are working on the premises of your client. Your client is the Principal Employer for this purpose under the Contract Labour (Regulation & Abolition) Act. Therefore, the name of the Principal Employer is compulsory to have in the service certificate. One has to follow the prescribed format of the state or central, as the case may be.

Thank you.

It appears you have been working with a contractor and deployed in the joint venture UPL. Therefore, the experience certificate cannot be issued by UPL, as only the employer can issue such a certificate. If the JV were to issue the certificate, you would have a claim for direct employment. However, if the contractor issues a certificate stating that you have been working in the joint venture, it would be helpful in proving your credentials. The rest depends on the quality of your experience there and other factors.