Jhuma Tiwade
Manager- Human Resources
Turnaround And Management Training
Hr Assistant
Sr. Hr Executive @ Polymerupdate
Soft Skill Trainer / Hr Consultant - India
Sadiya Bhikhu
Financial Manager

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Dear Seniors,
Greetings of the Day!!!!
I am working in a Company Limited (By shares) as an HR Executive, my company neither extends Offer letter nor Appointment letter to the workers/employess nor they give any kind of warning letter or show cause notice to the employee at the time of TERMINATION. they call to employee in the cabin and SAY--- You need not to come by tommorow.
in this critical situation, where we are not at fault and are being terminated without any reasons so what should we do???
Any legal process or procedure, if we want to take-----PLEASE SUGGEST.
With regards,

Dear Shamsali,

I am answering your query in parts as follows -

Since you are working as HR Executive, you should bring an initiative and ask your employer to bring in a process of extending the offer letters and appointment letters.

Even if the offer letter is extended on email is fine but the appointment letter must be extended on company's letter head with proper company seal and signature of the CEO or responsible person.

Make appointment letter in duplicate and keep one in your record with the employee's sign on it which states they have accepted the appointment letter.

Please note that it is very essential to file and have proper records and papers in place for all the various reasons and legal purpose as well.

SInce they are not extended any offer or appointment letters, they do not give you termination or show cause letter as well.

As I told you earlier, since you are the HR it is your responsibilty to initiate this and convince your management about this by showing them the disadvantages and problems that they would have to face in future only because they are not filing down the papers.

Unless you formalize the process it becomes difficult to handle such important cases.

Ideally an employer cannot terminate an employee unless the employee has performed gross misconduct or related. Even while terminating for such reasons, one needs to initiate proper show cause and warning letters etc.

Basically the crux of the post is-

1. Initiate to formalize the processes.

2. Keep proper and updated records - both in paper and technical form.

3. Update and upgrade your HR systems.

4. Educate your management of the repercussion they may have to face in the lack of proper documents.

Hope it helped :-)

Thanks for the quick response.
I have already communicated to the management several times and given different types of formats of OFFER?APPOINTMENT LETTER but they clearly said to me that we dont want to give them anything in written.
they have already approved the format of offer letter but they are not ready to give us any kind of letter in written.
Any other process for taking any legal action please suggest me.
waiting for your response.

Hi Shams,
Now as I told you you need to educate them the problems they'll face if they are not to give things in writing.
They must be thinking that if they start giving these ;letters, they would not be able to implement their Hire-and-Fire policy at their own free will.
Do one thing try to ask them if there are any reasons why they are not willing to formalize the process and not give letters to the people.
I do not know how frank would the management be with you but try your best.
Before you do this try to find out what would happen if they don't.
There is something called as HR Auditing (similar to FInance Auditing) where you are liable to give every explanation for even a single letter mishandled or lost.
I would try to find out the what-ifs and you too can try to search.
Then meet the management know their perspective and then put forth yours.

Role of HR is very important in any organisation. In the absence of HR Policy, it would be difficult to deal with HR matters like this. It is common in some private companies like yours. As HR Executive it is your responsibility to bring all the lacuna to the Management or through your immediate boss. If still they are paying a deaf year, you can proceed legally. You should have some proof of working in the organisation like id card, pay slip, appointment letter, internal memos, etc. Unless you possess any one of these things you cannot establish your existence in the company. You may consult an experienced lawyer dealing with HR matters. However, all the employees are to be united and file a suit in court and also with Police Commissioner, so that the Management comes down to your terms.

I strongly feel your company is run by an unorganised group of people, who do not bother about human resources. I wonder whether you can bring in any changes or create new policies without the management support. It will be a real challenge for you to do something on your own. Perhaps, they may one day choose to thrown you out for making changes, which they dont desire perhaps !
For your information, there are hundreds of such companies, which are owned by individuals, who run the show like their own fiefdom !
As our friends have quoted above, you can unite and create a legal issue but then, they can throw all of you out in one go !
You have to start creating records, take evidences etc. before starting to fight against them.
Real big challenge in front of you my friend !
My Best wishes in your efforts.

Dear Friends
I have gone through to all email and just want to know that how they give the salary cash or by cheque, whether they maintaining any register of record for this. because that can be a only proof of your working with the company under these situation. And everyone says start collecting more proof and other records to file the case in case of termination of any employee.

These type of problem are being faced by many employees. They have a dictatorship style of management. These type of of Company Owner's are having full grip with statutory department where they are managing relationship by khau pilau by their representing agent. Finally the suffer is the employee. If having the HR functions also they are MUM on these subjects because if raising voice means will be fired from the job by the management.
So it is upto the employees to have a guts and show the Management / Owner of the Company by approaching the statutory department seriously and show the way. Other wise it will go on like this and the management / owner not going to bother these. Because they think employees will come and go.
But if it is taken up seriously by the employee no one will stop by getting the thinks done by the help of statutory department and the Owner / Management of the Company will not misunderstood to comply the statutory obligations.
MK Verma

How do employees even such a company with no letter of appointment. I would never join any company until they give me a letter of appointment or a an employment contract. Its obvious that this company has dictatorship leaders, and they will never change, maybe you should suggest that employees are asking for letters before joining and then see what their reasoning is?
I wonder how you joined a company which did not give you offer letter? Secondly what role did they share with you at the time of interview.
Please introspect your future in the company else you would end up working as a time keeper. Some may differ with my opinion but when a company does not want to offer the basic hr documents to their staff i will surely question their intentions of creating a department.
May be you should ask one for yourself first.

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