My employer in Srinagar refuses to give me an experience certificate after resignation — what can I do?
RO Asked by Rohit Deshmukh 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 Jammu and Kashmir Shops and Establishments Act, Jammu and Kashmir Rent Control Act 1966, for employees in Srinagar.
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 Jammu and Kashmir Shops and Establishments Act, Jammu and Kashmir Rent Control Act 1966, for employees in Srinagar. Non-issuance can be challenged before the labour court, with appeals to the Jammu and Kashmir 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.