As per the Shops and Establishment Acts of different states, as part of the mandatory joining-related statutory forms, Form Q (appointment order) for Karnataka and similarly Form W (register of employees) for West Bengal are required to be maintained by employers where new employees' acceptance/signature is required.
Suppose an employee refuses to sign these forms after joining and claims that she has not joined the company. Can the employer consider it as valid joining? Or is it considered that the employee has refused to join the company? Or the employer cannot onboard that candidate until these forms are signed?
From India, Kolkata
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Suppose an employee refuses to sign these forms after joining and claims that she has not joined the company. Can the employer consider it as valid joining? Or is it considered that the employee has refused to join the company? Or the employer cannot onboard that candidate until these forms are signed?
From India, Kolkata
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If the employee refuses to sign the joining form, it is to be assumed that he has not joined the company. You should remove him immediately.
If he has not signed the contract of employment, then what relationship does he have with the company?
From India, Mumbai
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2635If he has not signed the contract of employment, then what relationship does he have with the company?
From India, Mumbai
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Hi @Saswatabanerjee,
Exactly my point. What if, in this case, the employer mistakenly shows that the employee has joined and creates a PF account which reflects in his service history. Despite multiple demands, the employer doesn't provide a clarification letter to the employee (who hasn't actually joined) stating that he has not joined and the PF account was created by mistake.
Once a PF member ID is created, it cannot be deleted, and most companies are conducting background verifications using UAN service history for new employees nowadays.
Is there any legal recourse that can assist the person in this situation by requesting a joining form signed by the employee from the employer? If the employer fails to produce that, can the law mandate the employer to provide a clarification letter to the employee?
The employer acknowledges the mistake over the phone but is not willing to rectify this issue due to multiple compliance lapses.
Please let me know if you need further assistance.
From India, Kolkata
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Exactly my point. What if, in this case, the employer mistakenly shows that the employee has joined and creates a PF account which reflects in his service history. Despite multiple demands, the employer doesn't provide a clarification letter to the employee (who hasn't actually joined) stating that he has not joined and the PF account was created by mistake.
Once a PF member ID is created, it cannot be deleted, and most companies are conducting background verifications using UAN service history for new employees nowadays.
Is there any legal recourse that can assist the person in this situation by requesting a joining form signed by the employee from the employer? If the employer fails to produce that, can the law mandate the employer to provide a clarification letter to the employee?
The employer acknowledges the mistake over the phone but is not willing to rectify this issue due to multiple compliance lapses.
Please let me know if you need further assistance.
From India, Kolkata
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There is no law that you can take shelter of. If it is a mistake, you can log into the PF account on the portal and make the corrections on your account. I believe you can mark your own exit dates if the employer fails to do so. Please note that I have not seen the PF Portal as I am not covered under PF myself, so you will need to check out the options.
If the employer has a mistake in his, you can ask him to correct the leaving dates. If he does not do that, and you think it will actually have a problem, you can take legal action by sending a notice. But remember that it is a very expensive route to follow, and if the matter goes to court, it will be years before you get a judgment.
The final option is to go to the PF department and take their help. Mostly, they are helpful, and often a call from the PF inspector is enough to induce the company to take corrective action.
From India, Mumbai
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If the employer has a mistake in his, you can ask him to correct the leaving dates. If he does not do that, and you think it will actually have a problem, you can take legal action by sending a notice. But remember that it is a very expensive route to follow, and if the matter goes to court, it will be years before you get a judgment.
The final option is to go to the PF department and take their help. Mostly, they are helpful, and often a call from the PF inspector is enough to induce the company to take corrective action.
From India, Mumbai
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