My employer in Kohima refuses to give me an experience certificate after resignation — what can I do?
AN Asked by Anjali Gupta from India
Quick Answer
A relieving letter and experience certificate are not expressly mandated under central law, but the employer must issue a service certificate under the Nagaland Shops and Establishments Act, Nagaland Rent Control Act 2015, for employees in Kohima.
Detailed Legal Analysis
A relieving letter and experience certificate are not expressly mandated under central law, but the employer must issue a service certificate under the Nagaland Shops and Establishments Act, Nagaland Rent Control Act 2015, for employees in Kohima. Non-issuance can be challenged before the labour court, with appeals to the Gauhati High Court.
The Industrial Employment (Standing Orders) Act, 1946 also provides for a service certificate. The employer cannot withhold it as a tool of coercion.
File a written request and then a complaint with the labour commissioner. A civil suit for mandatory injunction is also maintainable.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.