Anil.arora
Administration Head
Hrkpati
Sr.manager Hr & Legal
Smrin
Sr.admin Assistant
+1 Other

what is the process to terminate an employee which does not have any appointment letter or any proof of job?
12th November 2013 From India, Mumbai
Hi,
-Please share the purpose of your query first? And
-What does an appointment letter and termination mean to you?
-What are the reasons that forced you to think about it or why you want to terminate the employee.
-How can you treat anyone as an employee who don't have any proof of your employment,
And
-If you have no proof of your employment with your present company, will you be able to prove yourself as an employee of your company
just think about it and answer the questions above which will help the community and to yourself too
12th November 2013 From India, Gurgaon
#Anonymous
Hi Dattatraya
We would seriously like to the question mentioned by Mr.Arora and also i wanted to ask you. without issuing employment letter to an employer. how can you expect him / her to follow process an policies of company. As process and policies are a part/ clause of employment letter.
Thanks
Simran
21st November 2013 From India, Hyderabad
Hi Dattatraya
We would seriously like to know the answer of above question raised by Mr.Arora and also i wanted to ask you. without issuing employment letter to employee . how can you expect him / her to follow process an policies of company. As process and policies are a part / clause of employment letter.
Thanks
Simran
21st November 2013 From India, Hyderabad
Dear All,
Certainly it is not necessary to issue letter of appointment for various aspects. Once Salary is paid it creates the Employee and Employer Relationship. Depending on this relationship only various welfare laws work. Though an appointment letter is not given, termination letter can be issued stating the payment details and settlement. There is no hard and fast rules for issue of Appointment Letter. Likewise a fabricated Appointment Order/Experience Certificate by a person, the Management also can fabricate an appointment Order.
Hrkpati
Sr. Manager (HR & Legal)
21st November 2013 From India, Guwahati
first of all thank you all the members
secondly this question is raised in my mind because some companies not isssuing appointment letter to the employees and suddenly terminate them saying that from tommorow onwards you dont need to come to the organisation.After this if an employee goes to the concilation officer the officer called to the hearing without seeing any proof of his employment, how this happen? next thing is that he advised the employee to file a case under the industrial disputes act 1947 for his claim how?
19th January 2014 From India, Mumbai
Proof of receipt of salary is proof of employment. If there is something specific you would like to ask, please state that. warm regards, Ajay
19th January 2014 From India, New Delhi
Appointment letter is only proof of appointment and need not necessarily be the proof of employment.For example, a candidate after selection in the interview for a post, can be given an appointment letter advising him to join duty but he may not join the post after receipt of the appointment letter and in that event the appointment letter cannot stand as a proof of employment. The proof of employment can be salary slips or muster roll or any other document like transfer order or deputation order or any order sanctioning some monitory incentive etc as these documents can be issued to only employees who served or serving the company. An appointment on it's own as proof of employment is open to question and needs to be corroborated by other documentary evidence as proof of employment.Thus the absence of appointment letter need not necessarily be the proof of non-employment of the alleged workman in the company.

A conciliation officer on a dispute raised by the person who claims to e in the employment can call management to file it's reply to the contentions made by the workman in his statement of claim.and the management can rebut the claim of the workman(alleged) in it's reply based on evidence or lack of it.

B.Saikumar


19th January 2014 From India, Mumbai
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