As per the Shops and Establishment Acts of different states, as part of the mandatory joining-related statutory forms, Form Q (appointment order) for Karnataka and similarly Form W (register of employees) for West Bengal are required to be maintained by employers where new employees' acceptance/signature is required.
Suppose an employee refuses to sign these forms after joining and claims that she has not joined the company. Can the employer consider it as valid joining? Or is it considered that the employee has refused to join the company? Or the employer cannot onboard that candidate until these forms are signed?
From India, Kolkata
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Suppose an employee refuses to sign these forms after joining and claims that she has not joined the company. Can the employer consider it as valid joining? Or is it considered that the employee has refused to join the company? Or the employer cannot onboard that candidate until these forms are signed?
From India, Kolkata
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Employee Refusal to Sign Joining Form
If the employee refuses to sign the joining form, it is to be assumed that he has not joined the company. You should remove him immediately.
Contract of Employment
If he has not signed the contract of employment, then what relationship does he have with the company?
From India, Mumbai
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2508If the employee refuses to sign the joining form, it is to be assumed that he has not joined the company. You should remove him immediately.
Contract of Employment
If he has not signed the contract of employment, then what relationship does he have with the company?
From India, Mumbai
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Hi @Saswatabanerjee, exactly my point. What if, in this case, the employer mistakenly shows that the employee has joined and creates a PF account, which reflects in his service history? Despite multiple demands, the employer doesn't provide a clarification letter to the employee (who hasn't actually joined) stating that he has not joined and the PF account was created by mistake.
Once a PF member ID is created, it cannot be deleted, and most companies are conducting background verifications using UAN service history for new employees nowadays.
Legal Recourse for Mistaken PF Account Creation
Is there any legal recourse that can assist the person in this situation by requesting a joining form signed by the employee from the employer? If the employer fails to produce that, can the law mandate the employer to provide a clarification letter to the employee?
The employer acknowledges the mistake over the phone but is not willing to rectify this issue due to multiple compliance lapses.
Please let me know if you need further assistance.
From India, Kolkata
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Once a PF member ID is created, it cannot be deleted, and most companies are conducting background verifications using UAN service history for new employees nowadays.
Legal Recourse for Mistaken PF Account Creation
Is there any legal recourse that can assist the person in this situation by requesting a joining form signed by the employee from the employer? If the employer fails to produce that, can the law mandate the employer to provide a clarification letter to the employee?
The employer acknowledges the mistake over the phone but is not willing to rectify this issue due to multiple compliance lapses.
Please let me know if you need further assistance.
From India, Kolkata
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HR-LEGAL FORMS.zip
Ex Employee joining back..ppt