Please can I request your guidance on the following.
One of our ex-employee who left the company on 31st May 2024 has requested for an experience letter as per his format. He worked in the company from Jan2018 to Jan2021 and then from Oct21 to May24. In his format of the letter, he does not want the Company to mention the break in his service with the Company.
Question - would there be any risk to the Employer if they issue this letter without indicating the break in employment services. Thank you in advance for your responses.
It is mandatory on your part to show the service break for the employee. Id your current template does not cater to such senarios them tou should issue 2 different letters for differnt time periods.
This will also be helpful for you in Audits to showcase this as a sample.
Just stick to your policy and format. You should not be changing formats based on employee wishes…this would be difficult to manage. Also do not incorporate both the experiences in one letter. Issue 2 letters mentioning the experiences against each. Adopt a standard practice which will help you and your team to ease this process
Hi @A984SCE please note, comapy should give experience certificate in their standard format only, if employee request to give as per his format than we should not give it to him. We have to release experience letter as per his actual starting and ending dates only.
Hi Venkat,
If the employee resigned and rejoined after 8months(break period), you will be considering as new employee only. So you have to issue 2 Service/experience letters as per your company’s standard format only to avoid any future consequences.
If there is a break in service, it means you need to perform registration for statutory compliances a well. In legal terms the employee has joined again and means there is break in service.
Also you have not paid the employee for these 8 months and if there is no break in service shown it implies that the employee was working with you for these months as well. This can be submitted by employee for any legal case as well.
Taking a conservative approach, we should issue 2 different letters.
Hello Venkat
When you issue an experience letter without mentioning the break in service could pose a risk to the employer. It is generally best to maintain transparency and accuracy in employment records. I would recommend discussing this concern with your HR department or legal advisor to ensure compliance with company policies and legal standards.
Issuing an experience letter without indicating the employment break can pose several risks:
Legal Risks: Misrepresentation may lead to legal issues for both the company and the employee.
Reputation Risks: Providing inaccurate information can harm the company’s reputation.
Policy Violation: It may violate company policies on accurate representation.
Ethical Concerns: It sets a precedent for dishonesty.
Future Verification: Discrepancies could be uncovered during background checks.
Recommendation : Maintain accuracy and transparency in official documents. Discuss the risks with the employee and seek legal advice for compliant alternatives. It’s best to issue the letter with accurate employment dates to protect both parties.