My employer in Kolkata refuses to give me an experience certificate after resignation — what can I do?
FA Asked by Faisal Ahmed 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 West Bengal Shops and Establishments Act, West Bengal Premises Tenancy Act 1997, for employees in Kolkata.
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 West Bengal Shops and Establishments Act, West Bengal Premises Tenancy Act 1997, for employees in Kolkata. Non-issuance can be challenged before the labour court, with appeals to the Calcutta 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.