Dear Experts,
One of our employees who joined the company has furnished his date of birth as 00.00.1997 in support of his secondary school leaving certificate submitted by him in 1997. Now, he is seeking an amendment to his date of birth to 00.00.2000 by producing a certificate of birth issued by the Birth and Death department in 2003. We have denied this amendment as sought by him since our certified standing order of the company stipulates that the date of birth of the employee shall be recorded per the SSLC certificate, and any difference in the date of birth, the date of birth recorded as per the SSLC certificate shall become final.
Now my query is:
1. Whether our stand is legally correct?
2. What sort of action can be taken by the employee against our denial of his request?
Please advise.
Regards,
V. Sridharan
From India, Mumbai
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25One of our employees who joined the company has furnished his date of birth as 00.00.1997 in support of his secondary school leaving certificate submitted by him in 1997. Now, he is seeking an amendment to his date of birth to 00.00.2000 by producing a certificate of birth issued by the Birth and Death department in 2003. We have denied this amendment as sought by him since our certified standing order of the company stipulates that the date of birth of the employee shall be recorded per the SSLC certificate, and any difference in the date of birth, the date of birth recorded as per the SSLC certificate shall become final.
Now my query is:
1. Whether our stand is legally correct?
2. What sort of action can be taken by the employee against our denial of his request?
Please advise.
Regards,
V. Sridharan
From India, Mumbai
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Hi, In this case the employee should make the changes (the revised DOB) through Gazette notification and should produce the copy which will be valid.
From India, Madras
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From India, Madras
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Thank you for sharing your situation. I\'d like to share some preliminary comments from the perspective of common administrative and legal principles.
Regarding the company\'s stance, the decision to use the date of birth recorded on the SSLC (Secondary School Leaving Certificate) aligns with common administrative practice in many organizations. This is especially true in India and some Asian countries, where the SSLC is often the first original document establishing identity and date of birth. If the company\'s internal regulations have been previously issued and consistently applied, this stance can be deemed reasonable and well-founded.
From the employee\'s perspective, he or she can ask the company to reconsider the birth date if they can provide clear, legal evidence that the date of birth on the SSLC is incorrect due to the school\'s error or an initial registration mistake. In such cases, the employee could:
- Initiate legal proceedings to correct the date of birth on educational documents (if local law permits).
- Submit a judgment or court order that recognizes the corrected date of birth.
If the court recognizes the change, the company may be obliged to adjust the records accordingly.
Please note: While it\'s reasonable for a company to deny a request based on internal regulations, it should ensure that the employee is specifically instructed about the legal steps required to legally amend the date of birth.
Sincerely,
Solar Smash
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Regarding the company\'s stance, the decision to use the date of birth recorded on the SSLC (Secondary School Leaving Certificate) aligns with common administrative practice in many organizations. This is especially true in India and some Asian countries, where the SSLC is often the first original document establishing identity and date of birth. If the company\'s internal regulations have been previously issued and consistently applied, this stance can be deemed reasonable and well-founded.
From the employee\'s perspective, he or she can ask the company to reconsider the birth date if they can provide clear, legal evidence that the date of birth on the SSLC is incorrect due to the school\'s error or an initial registration mistake. In such cases, the employee could:
- Initiate legal proceedings to correct the date of birth on educational documents (if local law permits).
- Submit a judgment or court order that recognizes the corrected date of birth.
If the court recognizes the change, the company may be obliged to adjust the records accordingly.
Please note: While it\'s reasonable for a company to deny a request based on internal regulations, it should ensure that the employee is specifically instructed about the legal steps required to legally amend the date of birth.
Sincerely,
Solar Smash
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