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Hello,

As mentioned in every post earlier, I work as a junior HR in a start up company (2 years old) which is into media and IT services.

According to our company, the original copy of the offer letter is kept with us whereas the photocopy of it is given to the employee at the time of his/her joining. I want to know whether the original of offer letter is given to the employee at the time of his exit? This was asked by one of the employee.

My MD says we do not give the original because if we do, then we do not have any proof or statement of his work with us. But as per i know, there are companies which give away the originals.

So please do let me know which is the correct procedure to be followed as per the acts and laws? To give or not to give? You can also add comments relating to the same topic.


Thanks
Aishwarya
HR
20th September 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer
Sujeet_rajawat
Learning Change - Practicing Strategic Hr
Vijay Kumar_2
Sr Exe Hr
Manjunath24011979
General Manager Operations
+1 Other

Dear Aishwarya,

First and foremost, I request you to use the right HR terminology. Please educate yourself on difference between "Offer Letter' and "Appointment Letter".

Appointment letter is a contract between employer and employee under the provisions of Indian Contract Act, 1872. Going further, under the provisions of Karnataka Shops and Establishment Rules, 1963 issue of Appointment Order is mandatory. If you wish to maintain original copy of the appointment letter in the employee file, then you may prepare two original copies. One could be issued to the employee and another for retention in employee file.

You have written that "My MD says we do not give the original because if we do, then we do not have any proof or statement of his work with us. Is attendance register not a proof of employment with you? Is monthly salary roll is not a proof his employment? Is remittance of PF or ESI (if applicable) not a proof of statement with you? During employee's tenure, he/she will apply for leave. Is leave application not a proof of employment?

You may issue to the employee his KRA sheet as per the performance cycle of your company? At the end of the cycle period, you could me measuring work and retaining Performance Appraisal (PA) form in the employee file. Is this not a statement of his/her work?

Being a start up, I recommend you following labour laws to the core. Else non-compliance of something could create a bigger problem in future and bailing out from it could consume time and energy which will be an unfruitful activity. As of now, start issuing original copy of the Appointment Letter once the employee joins.

Thanks,

Dinesh Divekar
20th September 2017 From India, Bangalore
Thank you very much Dinesh Sir. Ill make sure i look into those aspects.
21st September 2017 From India, Bengaluru
I completely agree with supporting statement and proof explained in relation with Appointment letter. Not providing original Appointment letter leads to dis satisfaction to employee and he or she will think organisation culture. Instead of retaining original Appointment letter there has to be employee retaining plan.

Manjunath
GM operations
24th September 2017 From India, Bengaluru
Dear Aishwarya Manjunath;

A practice is an 'appointment order' is prepared, original of which is kept with the person signing the order and copies are sent to concerned persons. This is a typical practice in government.

I beg to differ with Dinesh, there cannot be two original appointment letters. Original is only one.

The practice of keeping the original may be because previously there were carbon copies, and subsequent to 2nd copy the copies were blurred. Hence for clarity, record etc original was preserved. Now that we do not use carbon and do take many copies on the printer, the question becomes redundant.

Vibhakar Ramtirthkar, , 9371001906
24th September 2017 From India, Pune
Dear Mr Vibhakar Ramtirthkar,

I suggested taking two printouts on the original letterhead in order to satisfy the requirement of Aishwarya's employer of keeping original with them. In fact there is no logic of retaining original copy in the employee documents. Nothing wrong if the photocopy is retained. Once the employee signs, it becomes perfect legal document.

Preparing two original copies need not be restricted only with the appointment letter. Real estate developers, when enter into contract agreement with the contractors to provide some services, prepare the agreement on two separate bond papers. Since the number on the e-stamp papers differ, they write clearly that "this agreement is prepared in two original copies. Sl No _____ is for the buyer and Sl No ______ is for the contractor".

Thanks,

Dinesh Divekar
24th September 2017 From India, Bangalore
Thank you everybody for your suggestions... ill look into what can be done the best.
25th September 2017 From India, Bengaluru
is it mandatory to keep hard copy of Form 11 of new joinee employees
25th September 2017 From India, Bengaluru
Dear Aishwarya Manjunath,

Being a HR person , you should make your MD aware that we have to keep acknowledgement copy of HR Letter for keeping record purpose that if anyting goes wrong atleast we have something to support ourself.

You should let me him that original letter should be given to employees then its on you whether u want to take acknowledgement copy on letter head or copy of orginal letter will be do.

Please start practices for giving the original letter to employees this helps organisation to gain trust of employees

regarda
Vijay kumar
25th September 2017 From India, Gurgaon
Thanks a lot Vijay kumar for your input. I'll make sure i practice the actual standards.
26th September 2017 From India, Bengaluru

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