We have employees working in our company for the past 8 months, we are providing them necessary employee benefits of esi and pf and bonus as per the relevant acts. But still, we did not have issued them the Issue of Appointment Order. Now we are planning to issue the Appointment Order.
My question is:
1. Can we issue the Appointment Order in the current date?
2. If yes, can we mention their original Date of Joining?
Hi, As you have already been remitting statutory deductions with concerned authorities , the commencement of the employment has to be their old original date of joining. However Appointment letter date may be current date.
Good that you are Regularizing the Employment Contract which has to be with retrospective Effect i.e. Date of Joining of Individual Employees at various Cadre. Letter may be from the Date of Issue or Ref for Record purpose but the Date of Employment must be written as theDate of Joining
All the Best
Kritarth Team, Bengaluru Office
As you said you have been deducted his epf and esic,
So you have to issue appointment letter in back date and mention his actually date of Joining.
Otherwise while inspection of epf and esic, it will be create issues.
You can issue the appointment letter on current date for back dated appointment as you did not issue(there should not be any change in terms & conditions of service explained at the time of joining). By doing so the employees would under the terms & conditions of service, do not forget to take the acceptance in your office copy from the employee.
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