Tsk.raman
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Bmktts
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Olarinde Obajuluwa
Talent And Development Management
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
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Thread Started by #Anonymous

Hi Seniors,
Greetings.
I am working in a new start up BPO company as HR. I got my Appointment Letter when I joined like near about 1.6 Months before from directors of the company. Now suddenly they are asking me to returns all the Appointment Letter documents. They are telling they will do new format for this and for every employee (only I got the Appointment Letter, Others employee till now didn't get appointment letter). Its just a start up company only 1-2 months. So there is no till now any policy and all. So can you guide me is that legal they can ask me for the same?
Please guide me for this.
Thanks in Advanced
Regards
19th November 2013 From India, Bangalore
Hi Sangeeta,
There might be the reason your management doesn't found the format of appointment letter, as they may want to change the clauses of the same, well as its been only a month for you and you are not still confirmed in the organization, so there would not be any point in arguing for the same, best would be take the xerox copy of your current appointment letter for your future reference and then return the same to them.
Regards
Ashutosh
19th November 2013 From India, Kollam
#Anonymous
Hi Sangeeta,

You need to discuss this with top management and convince them that clear policies and procedures are very important for any organization and for organizational growth.

It is mandatory for the organizations to issue the appointment letter as proof of employment. Your management may be is not interested to issue appointment letter as they may be thinking that if they don't give this documents then they will be saved from their responsibilities as an employer.

But that the same time they should be aware that the employees may also misuse this gap and may join the competitor or disclose the process to the competitor and earn money and employer cannot do anything against that fraud employee as they don't have any legal document.



so this is a small issue that I have mentioned if you are not issuing an appointment letter. In the similar way there are many things can be pointed out by you to make them understand that these are mandatory things for an organization to maintain.
19th November 2013 From India, Delhi
Dear Ms. Sangeetha,

Getting to work without an appointment letter isn't correct, and it's a little surprising as to how people have trusted such people and have accepted jobs without the first and most important thing "appointment letter," which is important because it is a commitment on an 'engagement' any company makes with it's employees.

The only people I know who come to work, (with due respect and apologies, without any hurt or slight meant to those wonderful people who serve most of us in an individual capacity) are the 'watchmen,' 'maid/servant's, ayah's' 'cooks' 'drivers' 'gardeners' etc.

They too work because

1. it has been a tradition

2. faith and trust

Having said this I must quickly add that, currently in India, this scene is also changing rapidly. We hear there are several "Corporate Services' companies which are undertaking supply of this type of manpower, which means they have a salary + ESI + pick-up-drop, specified working hours + a union membership to back them up if there is any exploitation etc.

On the one side "I smell a rat," from what I gather and perceive in this query.

On the other this company may have been started by first timers, who can't help but think like small petty

traders.

The pity could be that you are not too experienced perhaps to 'champion the cause,' for the employees and you are compelled to do what the 'bosses want you too. Therefore coming to the main issue once again 'policies' are there and can be made provided people at the helm want it and follow it, else it will be just another document created and left there gathering dust.

Now to the main issue on recasting and reissuing a new appointment letter after returning the old one. If their intent is straight, the management can make the new appointment letter, serve it to you all, and you accept it provided the main terms and conditions aren't changed, and then take back the earlier issued appointment letter.

Best wishes

Warm regards,

TSK. Raman
21st November 2013 From India, Hyderabad
What Mr TSK Raman has suggested is the right way. Get the new appointment letter in your hand, and then return the earlier one. If at all, company insists, take out zerox, and then return original.
I am not able to understand your joining this company 1.6 months before. What is this 1.6 ??
Whether it is 1 year 6 months, or 1 month & few days, by this time you must have become well aware about Management attitude/behaviour, and can decide trust worthy people or not.
21st November 2013 From India, Mumbai
#Anonymous
Dear Abhay Sir,
I am exp in HR field. I joined this new company just last sep,2013. I already return my appointment letter to them. But took xroex copy as well as scan copy. But they told me they will give new appointment letter after completing PF,ESI registration. Till that time no appointment letter for anyone. I joined here as a HR. But i am also in entry level I have 3 yrs exp. So I am not also well known all the thing. So I am also not that much able to tell everything to them.
I am really bit confused with all the things. My provision period is 3 months. So in between if something happen, can I produce my scan copy appointment letter to any other company? Is this possible?
Plz guide me. Thanks in Advanced.
Regards,
Sangeeta
22nd November 2013 From India, Bangalore
#Anonymous
Dear Abhay Sir,
I am exp in HR field. I joined this new company just last sep,2013. I already return my appointment letter to them. But took xroex copy as well as scan copy. But they told me they will give new appointment letter after completing PF,ESI registration. Till that time no appointment letter for anyone. I joined here as a HR. But i am also in entry level I have 3 yrs exp. So I am not also well known all the thing. So I am also not that much able to tell everything to them.
I am really bit confused with all the things. My provision period is 3 months. So in between if something happen, can I produce my scan copy appointment letter to any other company? Is this possible?
Plz guide me. Thanks in Advanced.
Regards,
Sangeeta
22nd November 2013 From India, Bangalore
There is really no need for the company to take back the old appointment letters.legally, it does not serve any porpose , the employees may have a copy and the communication asking to return back the original ( if through email or memo) itself tantamounts to t he fact that an earlier contract existed.
If at all the company had good intentions, they would have issued a new letter , superceding the old. The only requirement is that no condition in the new should be less advantageous than the original.
Hope this clarifies
24th November 2013 From India, Bangalore
I totally agree with Mr. Raman's opinion.
Return of appointment order, is simply unheard of and not done.
Moreover, if the intention of the company were genuine, they could have drafted a new/revised appointment orders and while giving it to the employees, asked them to return the old ones.
It is quite possible that the new start-up is constrained to shut down, and they are trying to reduce their liabilities of employees' dues and hence this subterfuge.
Warm regards.
24th November 2013 From India, Delhi
Hiya,
There is really no need to split the air on this. The company or whoever issued that letter probably have discovered a mistake on it and wish to reverse it. Typically, it will have the standard clause that 'either party can terminate the engagement..... You are under probation hence you would not loose anything in giving out the letter. Best bet is to do a copy for your keeps for referencing in another job and nothing more. You cannot sue if they decided not to give you another letter, just walk on!
27th November 2013 From Nigeria
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