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What is a Certificate of Service?
This is a written article containing testimonials and references that is given by the employer to an employee after termination of contract of service. A contract of service maybe an Oral Contract of Service, a Written Contract of Service or a Contract of Foreign Service.
What is in the law?
The law states, “Every employer shall, on the termination of a contract of service between such employer and his employee, give to such employee a Certificate of Service”. The law further explains that an employer shall not be bound to give a testimonial, reference or certificate of character to any employee at the termination of his/her service. However, an employer is obliged to give a Certificate of Service when it is requested by the employee whose contract of service has been terminated.
What should the Certificate of Service contain?
Besides testimonials and references, a Certificate of Service shall contain:
- The name of the employer
- The name of the employee
- The date of engagement
- The date of discharge
- The nature of employment
The employer's account number with the National Pension Scheme Authority (NAPSA) under which statutory contributions have been or will be remitted to the said authority on behalf of the employee
The employee's national registration number and membership number in the National Pension Scheme Authority and with effect from the 1st April, 1976, a statement showing the amount of statutory contributions and any supplementary contributions paid by the employer to the National Pension Scheme Authority during the course of such contract.
What happens if an employer falsifies employee information on the Certificate of Service?
It is wrong by law to falsify information contained in the Certificate of Service.
Any employer who knowingly gives a false testimonial, reference or certificate of character to any employee shall be liable for any loss or damage caused thereby to any third person who has been induced to take such employee into his service.
What action can I take if information on my Certificate of Service is falsified?
You can report your former employer who has falsified your character to a Labour Officer or seek legal advice from the Industrial and Labour Relations Court.
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