Hi I had an unique experience in my organisation, An employee was recruited on tenure basics couple of years ago yesterday he came and told me that he went for an operation and became female hence he want to come in female dress. Then showed us the medical certificate of his operation and asked us to change his name to female name in our HR records also. Can any one suggest me what to be done on this is.
From India, Hosur
1From India, Hosur
Dear Sagaya,
Mere having medical certificate is not sufficient. The employee must publish change of sex and change of name in the government's gazette. You can change the name on the strength of gazette notification.
Change of your records apart, his name and sex has to be changed in PF and ESI (if applicable) records as well. While change of name is not a big problem, change of sex will be little challenging.
Ok...
Dinesh Divekar
From India, Bangalore
Mere having medical certificate is not sufficient. The employee must publish change of sex and change of name in the government's gazette. You can change the name on the strength of gazette notification.
Change of your records apart, his name and sex has to be changed in PF and ESI (if applicable) records as well. While change of name is not a big problem, change of sex will be little challenging.
Ok...
Dinesh Divekar
From India, Bangalore
Dear Sahayam,
Pl.go thru' the attached SC judgment and other materials culled out from various sources before I go into the context. Ofcourse SC passed the judgment but other formalities acceptable to every authority have to be complied with by the concerned in order to avoid complications which might arise from time to time. Mr.Dinesh has indicated some. In the absence specific and detailed issued by various govts. and/or amendments to various acts & laws & guidelines it's difficult to shortlist authoritatively those as these involves both centre and state govts. This I have to say, to my knowledge, no Indian law specifies existence of the third gender, However I could suggest some more which might fit into systems prevailing in India for the present:
1. Change of name & gender in Birth certificate (?), School, college records (marks cards, convocation certificates), voter ID, PAN, Aadhar card. These might be possible by producing a sworn affidavit authenticated by a civil court which in turn news paper ad. and Notary attestation, as this document cannot be disputed by any authority.
2. The above document also would be necessary to change/regularise records with the employer-employees' register, attendance, amendment to apptt.letter, EPO/ESI. An office order to recognise/authenticate this change would be necessary.
3. How about nomination forms and other records with the employer, bank, LIC (check whether an amendment to the original policy would be necessary).
4. Side by side such persons also should see their close relatives, parents, sisters, brothers recognises this fact and their acknowledgment of a brother becoming a 'sister'.
My opinion is, so far as an employer's point of view is concerned, what are practically possible to do at this juncture should be good enough for the present otherwise it might lead to a grumbling in her that you are trying to harass him/her. What is more important is passing on the same warmth to her now also apart from making available minimum necessities, conveniences like toilet/wash room etc.(I also keep my fingers crossed as to how your lady colleagues are going to treat her as one among them, it's very very difficult to visualise considering our orthodox life style especially down south.)
From India, Bangalore
Pl.go thru' the attached SC judgment and other materials culled out from various sources before I go into the context. Ofcourse SC passed the judgment but other formalities acceptable to every authority have to be complied with by the concerned in order to avoid complications which might arise from time to time. Mr.Dinesh has indicated some. In the absence specific and detailed issued by various govts. and/or amendments to various acts & laws & guidelines it's difficult to shortlist authoritatively those as these involves both centre and state govts. This I have to say, to my knowledge, no Indian law specifies existence of the third gender, However I could suggest some more which might fit into systems prevailing in India for the present:
1. Change of name & gender in Birth certificate (?), School, college records (marks cards, convocation certificates), voter ID, PAN, Aadhar card. These might be possible by producing a sworn affidavit authenticated by a civil court which in turn news paper ad. and Notary attestation, as this document cannot be disputed by any authority.
2. The above document also would be necessary to change/regularise records with the employer-employees' register, attendance, amendment to apptt.letter, EPO/ESI. An office order to recognise/authenticate this change would be necessary.
3. How about nomination forms and other records with the employer, bank, LIC (check whether an amendment to the original policy would be necessary).
4. Side by side such persons also should see their close relatives, parents, sisters, brothers recognises this fact and their acknowledgment of a brother becoming a 'sister'.
My opinion is, so far as an employer's point of view is concerned, what are practically possible to do at this juncture should be good enough for the present otherwise it might lead to a grumbling in her that you are trying to harass him/her. What is more important is passing on the same warmth to her now also apart from making available minimum necessities, conveniences like toilet/wash room etc.(I also keep my fingers crossed as to how your lady colleagues are going to treat her as one among them, it's very very difficult to visualise considering our orthodox life style especially down south.)
From India, Bangalore
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