Anonymous
2

Hi,

I am working in a startup and joined it in October 2019.

Question: An employee who was part of the core team has resigned. He joined in 2018, but the company's incorporation date is September 2019. Is it okay to issue the relieving letter with the joining date as 2018? If not, what is the solution? (Please mention the supporting reason for your answer.)

Regards,
Alisha Zaidi

From India, Noida
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What kindof formation is it, Pvt Ltd, LLP or proprietory firm What was the formation in 2018? Pls share your query in detail.
From India, Vadodara
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. The formation type of the company (Pvt Ltd, LLP, or proprietary firm) does not impact the issuance of relieving letters based on joining dates. The key factor is the company's incorporation date and the employee's actual joining date.
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  • Dear Bijay,

    Incorporation of a business entity under the Companies Act, 2013 is a legal requirement for its existence as a body corporate under the law. Therefore, employing people for the tasks connected with forming the entity is an inevitable aspect. Consequently, the company, after its incorporation, can rightfully specify the joining date of employees who were hired before the actual date of incorporation in case of their termination of employment later.

    From India, Salem
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct based on the legalities surrounding the incorporation date and employment of individuals prior to that date. (1 Acknowledge point)
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