Dear All,
As you are aware, HR dept needs to issue many letters as warning letters, Performnace Improvement Letters etc. Most of teh time we tend to communicate these info even through email.
I would like to know if these emails can be considered as letters according to the law.
Law requires 2-3 written warnings before termination. Will they consider email notification as written warnings?
Regards,
Latha
From Tanzania, Dar Es Salaam
As you are aware, HR dept needs to issue many letters as warning letters, Performnace Improvement Letters etc. Most of teh time we tend to communicate these info even through email.
I would like to know if these emails can be considered as letters according to the law.
Law requires 2-3 written warnings before termination. Will they consider email notification as written warnings?
Regards,
Latha
From Tanzania, Dar Es Salaam
Dear Latha
It's safer side for HR Department for getting acknowledgement from the employees as if you issue any letter so as you said the emails can also be a proof but the employees can argue as they did not check their mails kindly get acknowledgement for safer side and legally it is advised.....
Regards,
Ramkishore
From India, Bangalore
53It's safer side for HR Department for getting acknowledgement from the employees as if you issue any letter so as you said the emails can also be a proof but the employees can argue as they did not check their mails kindly get acknowledgement for safer side and legally it is advised.....
Regards,
Ramkishore
From India, Bangalore
Dear Latha,
Now a days it is acceptable. But should be very careful that the mail is shooted to the correct person.
Even then, please prefer by sending the communication through Regd post with Ack due in the case of notice, suspension, termination.
Now a days also all the seniors are still following the same.
From India, Pondicherry
Now a days it is acceptable. But should be very careful that the mail is shooted to the correct person.
Even then, please prefer by sending the communication through Regd post with Ack due in the case of notice, suspension, termination.
Now a days also all the seniors are still following the same.
From India, Pondicherry
Is that acceptable by the law in case of litigation? The safest means of communication is either by registered post with acknowledgent due or thru courier service duly certified by the couriers that the letter was duly delivered to the addressee.
A legal opinion might help in case of communication by e-mail.
From Pakistan, Karachi
A legal opinion might help in case of communication by e-mail.
From Pakistan, Karachi
Dear Latha,
In the US warning letters via email is permissible in the court of law. In India, people might not check their emails as often as they do in the west -- this also depends on the industry that you're in. Some companies still do not give an email ID to the employee. The best way to do this for your organization to record things legally is the following:
1. Log the session of a personal warning by the supervisor or the HR. Make the employee sign a copy that the warning session had taken place and that they have understood that they've been warned.
2. If you need to warn them again, use a letter, and email them the letter -- again, have a copy signed for their personnel file.
This way both emails and actual letters are in the file and you know that you've done everything you can legally -- protecting both the firm and the employee.
Hope that helps.
Yu Yu
From India, Delhi
In the US warning letters via email is permissible in the court of law. In India, people might not check their emails as often as they do in the west -- this also depends on the industry that you're in. Some companies still do not give an email ID to the employee. The best way to do this for your organization to record things legally is the following:
1. Log the session of a personal warning by the supervisor or the HR. Make the employee sign a copy that the warning session had taken place and that they have understood that they've been warned.
2. If you need to warn them again, use a letter, and email them the letter -- again, have a copy signed for their personnel file.
This way both emails and actual letters are in the file and you know that you've done everything you can legally -- protecting both the firm and the employee.
Hope that helps.
Yu Yu
From India, Delhi
Dear Latha,
I had trained my employees on EMAIL ETIQUETTE along with LETTER DRAFTING SKILLS. We need to draft letters or whatsoever using PROPER TOOLS/APPLICATIONS rather just composing as email which is not ethical and in our company we follow strict communication strategies.
According to me EMAIL cannot replace LETTER, NOTICE, CIRCULAR and MEMO. Email can be used as a medium for communication or a tool to attach LETTERS, NOTICES, CIRCULARS, MEMOS etc.
We should not forget the purpose of EMAIL, LETTER, NOTICE, CIRCULAR MEMO before we start using it.
With profound regards
From India, Chennai
I had trained my employees on EMAIL ETIQUETTE along with LETTER DRAFTING SKILLS. We need to draft letters or whatsoever using PROPER TOOLS/APPLICATIONS rather just composing as email which is not ethical and in our company we follow strict communication strategies.
According to me EMAIL cannot replace LETTER, NOTICE, CIRCULAR and MEMO. Email can be used as a medium for communication or a tool to attach LETTERS, NOTICES, CIRCULARS, MEMOS etc.
We should not forget the purpose of EMAIL, LETTER, NOTICE, CIRCULAR MEMO before we start using it.
With profound regards
From India, Chennai
Dear Latha
It depends upon the code of conduct of the company policy, if your company supports technically by way of proper approval of HR policy and other statutory regulated laws as applicable in our Country, the e-mail communication holds good and valid. However, such mails are to be generated from the official e-mail id's of the authorized personnel of the Company and also it should be addressed to the official e-mail id of the concerned employee. But ensure for getting proper acknowledgment for having read the mail by the addressee/employee, in absence of it, it is not legally tenable in court of law.
regards
v.v.murugan
avp-hr
From India, Mumbai
It depends upon the code of conduct of the company policy, if your company supports technically by way of proper approval of HR policy and other statutory regulated laws as applicable in our Country, the e-mail communication holds good and valid. However, such mails are to be generated from the official e-mail id's of the authorized personnel of the Company and also it should be addressed to the official e-mail id of the concerned employee. But ensure for getting proper acknowledgment for having read the mail by the addressee/employee, in absence of it, it is not legally tenable in court of law.
regards
v.v.murugan
avp-hr
From India, Mumbai
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