maulik dave
32

Dear Patrons,

My topic of discussion today is “Employee Personal File - Resignation of Employee – Under Shops & Establishment Act. 1948”.
I am currently working with IT Company – Joined just in Dec -2021. Due to March ending CA was performing audit of HR Department. They raised a query that “In some of the Employee files those employees who has resigned resignation documents are also not attached.”

Now, My question is related to my today topic. ----- Is it mandatory to keep print of Resignation & Resignation Acceptance copy in Employees files as per S & E Act, 1948? (Region – Gujarat). My management has also given instruction to keep resignation & acceptance of Resignation as print copy.

As, throughout my 10 Years career in HR I haven’t seen any resignation in Physical copy (Always got a mail from Employees personal ID). & now a days in digital era people keen to have Soft copy then hard copy.

So, kindly suggest legal aspects on the subject & revert on this.

Thanks & Regards,
Maulik Dave

From India, Ahmedabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
KK!HR
Management Consultancy
Maulik Dave
Hr Professional

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rkn61
572

If you are keeping personal file of employees (ESR - Employee Service Record) in physical form, it is a must that you must file and keep right from his employment application form, (if he has applied against a job advertisement, copy of the advertisement also),Company employment application form interview assessment sheet, copies of internal approvals, copy of Job offer letter, acknowledged copy of detailed Offer of Appointment letter, supporting documents like his academic/professional/technical qualification certificates' copies, work experience certificate copies, copy of Medical fitness format, duly certified by a Doctor, his probationer evaluation form, duly filled in and approved, copy of confirmation letter, duly acknowledged by him, annual appraisal form, salary increase letter, Promotion letter, and so..on

In short, Personal file or ESR is physical proof of the life of an employee from the date of on boarding in your company up to the final exit from your company, whether by way of superannuation, resignation, termination etc.

Hence it is a must to keep all papers related to an employee in physical form, if you are maintaining a physical personal file.

But you are also free to maintain digital copy of the personal file, to avoid loss/damage.
'

From India, Aizawl
maulik dave
32

@ P RADHAKRISHNAN NAIR Thanks for the revert, I just want to know that is it legally mendetory to keep print out of Resignation or not?
From India, Ahmedabad
KK!HR
1367

There is no legal mandate in this regard. As rightly pointed out by RKN Sir, hard copy of these documents are kept in the Personal file, otherwise there is no need for a personal file at all, every thing can be in soft copy. In the eventuality of the computer crashing or some other unforeseen occurrence, where all such information can be sourced shall be thought of
From India, Mumbai
saswatabanerjee
2355

Under the current regulations, digital copies are adequate for compliance, so long as they are genuine and tamper-proof.

If you are keeping everything in mail, is your mail secure?
Will you be able to find it quickly if needed?
In case of inquiry or demand by court will you always be able to show it?

Print out of email is not secure either, because it can be tampered and changed so very easily.
Therefore, having an actual document with proof that it was sent by a certain person and signed by that person is required. What will you do if the employee denies having sent the mail and accuses HR or the Manager of sending it from his account. IT department can change passwords at will.

What if the employee concerned creates fake documents and accuses the employer of malfeasance and manipulation?

Therefore, people keep physical copies, or if they have a good HRMS then that will provide adequate protection.
In alternate, you need to digitally sign the documents because it is extremely difficult (though not really impossible) to put wrong dates on digital signatures.

In any case, if the management says you need to keep physical documents, then there is not option for you.

From India, Mumbai
maulik dave
32

@ Saswatabanerjee Thanks for your advise. I think Now its sort of clear that what to do & what not. Thanks all for your advises.
From India, Ahmedabad

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