Your rights
Can employer refuse experience letter?
Short answer
Employer is legally obligated to provide a service certificate and experience letter upon request. If refused, file complaint with Labour Commissioner.
Understanding the issue
An employer is legally required to issue a service certificate or experience letter to an employee upon resignation, termination, or completion of service. Under the Industrial Employment (Standing Orders) Act and Model Standing Orders, the employer must issue a service certificate mentioning the period of employment, designation, and nature of work. The employer cannot withhold the experience letter as leverage for notice period dues or for any other reason. If your employer refuses to issue an experience letter, you can: send a formal written request, send a legal notice demanding the certificate, and file a complaint with the Labour Commissioner who can order the employer to issue the letter.
Laws that apply
- Industrial Employment (Standing Orders) Act
- Model Standing Orders — Service certificate provisions
- Labour Commissioner jurisdiction