Dear All,
I have joined as an HR in a small scale company which employees nearly 40 employees. Here I am starting with HR department and as this being a proprietary business there was no appointment letter or any such letters given to the employees.
My question is if I can issue the back dated appointment letters as the employees working here are associated since its inception?
If yes, what is the date of joining and the date of issuing letter to be mentioned on the same?
From India, Pune
6I have joined as an HR in a small scale company which employees nearly 40 employees. Here I am starting with HR department and as this being a proprietary business there was no appointment letter or any such letters given to the employees.
My question is if I can issue the back dated appointment letters as the employees working here are associated since its inception?
If yes, what is the date of joining and the date of issuing letter to be mentioned on the same?
From India, Pune
Dear Chaitrali
Anything (any document) issued on present date but dated earlier, is not considered correct in Law.
There is no need to issue back-dated appointment letter. You can issue them with present date; but mentioning correctly their Date of Joining.
Issuance of any document " Ex-post-facto" (i.e. after the event has taken place) is legal and valid.
Hope you"ll find the above useful. In case of further queries, do revert back.
Warm regards.
From India, Delhi
Anything (any document) issued on present date but dated earlier, is not considered correct in Law.
There is no need to issue back-dated appointment letter. You can issue them with present date; but mentioning correctly their Date of Joining.
Issuance of any document " Ex-post-facto" (i.e. after the event has taken place) is legal and valid.
Hope you"ll find the above useful. In case of further queries, do revert back.
Warm regards.
From India, Delhi
Dear Ms. Chaitrali D,
Mostly the Organizations will not prefer to give the appointment letters with back date as it leads to reliable consequences in case of accident or inevitable death of the employee. In later stages it might cause disripencies in case of termination of an employee. Therefore in factual sense the employee can be taken on the basis of the provisional offer letter issued on the appointment dated on his joining. Mentioning the date of joining on the letter could assure the employee service to the organization.
P.S: Check the correct D.O.J of an employee and never issue the date prior than the actual date.
From India, Visakhapatnam
Mostly the Organizations will not prefer to give the appointment letters with back date as it leads to reliable consequences in case of accident or inevitable death of the employee. In later stages it might cause disripencies in case of termination of an employee. Therefore in factual sense the employee can be taken on the basis of the provisional offer letter issued on the appointment dated on his joining. Mentioning the date of joining on the letter could assure the employee service to the organization.
P.S: Check the correct D.O.J of an employee and never issue the date prior than the actual date.
From India, Visakhapatnam
you may issue the letter in the present date and include a clause saying that the individuals will be considered officially as employees with all due rights and liabilities in concern since the inception or which ever the date you prefer and cover it up easily........
(But issuing back dated is never a good idea, generally speaking you will never know what had happened officially and for which you will be held responsible for, it had major drawbacks and set fires......... when the law gives provision for converting the held events in to legally valid acts through the agreements, why should we bother about some dates unimportant!)
From India, Bangalore
(But issuing back dated is never a good idea, generally speaking you will never know what had happened officially and for which you will be held responsible for, it had major drawbacks and set fires......... when the law gives provision for converting the held events in to legally valid acts through the agreements, why should we bother about some dates unimportant!)
From India, Bangalore
BUT WHAT ABOUT COVERAGE OF EXISTING EMPLOYEES UNDER pf esic AND OTHER MATTERS/ISSUES. PLEASE RESOLVE WITH YOUR MANAGEMENT AS THEY MAY DEMAND WAGES WITH ALL THE ACCRUED BENEFITS
DUBEY
MANAGER HR & IR
9933355979
From India, Calcutta
DUBEY
MANAGER HR & IR
9933355979
From India, Calcutta
Dear,
There is nothing wrong in doing so. Now, pl.ensure whatever date of the letter should be subsequent to you joined the firm, i.e.to say, if your DOJ is 11.11.2011 you cannot issue an apptt.letter dt.10.11.2011. If you wanted to regularise these appointments nothing wrong in issuing an apptt.letter with present date mentioning therein clearly \"the actual date of appointment is reckoned as ........: which has been regularised/documented with mutual consent\" (May be, add one more line saying \"...henceforth no dispute shall be raised by both the parties with respect to this DOJ\".. This is in order just because there existed mutual agreement orally when they joined which is valid under Law of Contract.
kumar.s.
From India, Bangalore
There is nothing wrong in doing so. Now, pl.ensure whatever date of the letter should be subsequent to you joined the firm, i.e.to say, if your DOJ is 11.11.2011 you cannot issue an apptt.letter dt.10.11.2011. If you wanted to regularise these appointments nothing wrong in issuing an apptt.letter with present date mentioning therein clearly \"the actual date of appointment is reckoned as ........: which has been regularised/documented with mutual consent\" (May be, add one more line saying \"...henceforth no dispute shall be raised by both the parties with respect to this DOJ\".. This is in order just because there existed mutual agreement orally when they joined which is valid under Law of Contract.
kumar.s.
From India, Bangalore
The question is : why wake up matters that have been at rest for such a long time.
You can always issue appointment letters for new employees joining from now onwards.
Instead you may issue a memo with terms of employment or revised terms of employment and give to all the old employees (so that the terms of employment and office rules are clearly stated and understood). You can give each of them a covering letter which can confirm the date from which they have been working.
From India, Mumbai
You can always issue appointment letters for new employees joining from now onwards.
Instead you may issue a memo with terms of employment or revised terms of employment and give to all the old employees (so that the terms of employment and office rules are clearly stated and understood). You can give each of them a covering letter which can confirm the date from which they have been working.
From India, Mumbai
Hi,
Is there any letter of undertaking we can issue to an employee.
Due to system error, date of joining was 1 day before to the actual date of reporting of one our employee who jonied us on 2012.
He is asking the same letter with old dated. But this is illigal, can we issue him some letter of undertaking or some kind of letter.
pls share some format to me ASAP
Thanks
Ajay
From India, Bangalore
Is there any letter of undertaking we can issue to an employee.
Due to system error, date of joining was 1 day before to the actual date of reporting of one our employee who jonied us on 2012.
He is asking the same letter with old dated. But this is illigal, can we issue him some letter of undertaking or some kind of letter.
pls share some format to me ASAP
Thanks
Ajay
From India, Bangalore
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Appointment letter-format.d oc