Experience letter
7 months ago
Is there any law regarding experience letters? it will be provided after 45 days of the relieving day or on the same day. please clarify
A.Dear Sir,
There is no such rule or circular you may approach the following authority.
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Experience and relieving letters are important because they serve as official documentation of an employee’s past work experience and separation from their previous employer. Future employers often require these documents during the recruitment process to verify the candidate’s employment history and assess their suitability for a particular role. A relieving letter is a formal document provided by the employer to an employee after the employment is over. It is generally called an experience letter and is usually issued on the last working day of the employee. On denial by the employer to issue an experience letter, After serving a legal notice to the employer, reach out to the office of the concerned Labour Commissioner to file a complaint against the employer for arbitrary action and unfair labour practice for redressal of your grievance.
There are no specific laws in the country about it. however it Is an established practice and have to be provided when asked in a reasonable timeline