Human proliferation is increasing with the passage of time. This indicates increase in necessities, wants, variations in tastes, culture. In order to fulfill all necessities one end up joining workplace or organization that suits him/her career. After joining any workplace an individual or new employee creates a hope of completing his/ her, self actualization needs. However, uncertain consequences are impediment for his/her workplace journey. Due to this reason employees tend to leave the workplace abruptly without serving any notice period.

The problem arises when they apply in some other organization for a “job change” and the requirement of the recruitment process does not meet because of insufficiency of experience certificates of candidate’s previous firm/company/ organization or workplace.

In this article I will discuss about the same issue by relating it to certain laws at a global level. Now the question arises “do workplaces in our country have any mandatory legal provisions, precedents or any remedy” related to issuing of experience certificate without serving any notice period due to uncertain consequences ?

It is claimed that the Indian labour laws are majorly, employee –centric than employer centric (Arunanand, 2020), which clearly indicates the hardships of the employees to sustain in the workplace to joining a new workplace. Morally, if the employee is working hard during the course of his employment and his/ her existence is fruitful to the organization, and the situation occurs which lead him/her to leave the workplace in whatsoever circumstances. It is required that the organization based on its ‘CSR towards employees’ must provide the requisites for moving ahead in its career. Because indirectly an employee of any organization is representing his/her place of work.

According to the article published in one of the reputed publication namely Ipleaders by Rachit Garg in the year 2023, there is no specific provision is mentioned in Indian, but it can be covered under various other law provisions. As per several articles based on this topic, it is pointed out that ‘it is generally asked to produce it before the organization which is at the stage of hiring employees’. It is treated as a proof of previous jobs (Appointment and Termination), also has employment period, and so on.

There are two situations for employees related to his work tenure, first is his/her appointment letter and the second is his/her experience certificate. Now the question arises whether an employee must be given experience certificate. It is the responsibility of the HR department or the head issuing such certificates that he/she must got one of the above documents in order to proof his/her employment.

Now-a-days it has became a trend to hire employees without any appointment letter that become a hurdle in getting the exact remuneration which was decided or discussed at the time of interview and selection process. This factor is used by the employers to reconcile the salary or wage pay. Hence, it can be treated as a loophole especially for women employees.

With respect to legal provisions there is only one provision (Kerala shops and establishment act, 1961 and S&CE act) in which it is mentioned that the employer shall issue the service certificate in form BE, within seven days from the receipt of such a request from the employee. There is also a provision section 5E of the aforesaid act that the employee has the right to contact the district labour officer or the labour court for resolving this grievance.

A comparative analysis on Indian labour codes and International labour codes is framed different from each other. Indian labour codes consist of four labour codes such as wages, industrial relations, social security, and occupational safety health and working conditions. They are passed three out of the four labour codes in September 2020, whereas the code was passed in August 2019 (Rajen Mehrota, 2023). On the other hand, In England under section 1 of the employment rights act, 1996, it is the employer’s duty to give a written statement of employment particulars (Sometimes it is called as “section 1 statement”) that contains statements about their terms and conditions of employment (Barbeary T. and Rafaeli S., 2021). The aforesaid changes were made in the year 2020, which is called as a year of crisis.

Nevertheless, after passing of the year 2020 there was increase in unemployment rate in various, less opportunities, lower wage pay etc. In order to consider one of the factors should be lenient enough to ease those economical challenges.

Award Winning Article Is Written By: Ms.Anubhooti Shrivastava

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