Employees Responsibilities: Appointment Letters, Employee Proof, and Legal Validity Explained

Hello seniors/friends,

Hope you all are doing well. :icon1:

I wanted to know if, in a case where the employer doesn't provide an offer letter or appointment letter to new joiners, is it okay for the employee to prepare an offer letter/appointment letter themselves and have it signed by their boss?

OR

Is it considered illegal?

OR

What can a person/employee do in such a situation where they are not given any offer letter or appointment letter?

Waiting for your positive replies....

Have a nice day ahead. :)

Astoundingly strange situation. The absence of an offer letter/appointment letter can have a deep impact on the job claim itself! As long as the letter is signed by the owner of the company (since the wordings are the only component introduced by the employee) and in its letterhead with official seal, it might not end up calling for illegitimacy, I guess. Maybe our legal experts can give a deeper perspective.

RB

I feel the absence of an offer letter in writing and connected documents may have a deep impact on a legal claim.

One cannot claim any amount due to them if the offer and appointment letters are not provided in writing. These are prerequisites for an employer to provide to the employee when they intend to take the job.

Thanks a lot for the quick reply.... I just wanted to confirm, is it considered illegal??? Thank you so much.

Hi Phardeep,

Shimit here. Sorry for all those past replies, but I was not able to stop my fingers from replying to your question. According to me, if you yourself give an offer letter to the new joinee, then it will be far better because the new joinee might receive the wrong offer letter.

Regarding legal issues, it depends on the type of business you are running. If it is a small business, the offer letter may not matter much. However, if it is a big firm, the offer letter holds significant importance.

I also appreciate your question.

Hi,

On day one or the previous day, every effort should be made to obtain the appointment letter. An offer letter is the one based on which you give your consent to join the company. However, once you are in, you must insist on having an appointment letter. Politely and straightforwardly ask for the appointment letter because how can you start working without it?

If you are lenient about this issue, you could be terminated at any time and may even be asked to go unpaid for all the days or months you have worked. Additionally, if you are hesitant on the first day, it may be expected that you remain silent in the future as well. Therefore, do not hesitate or bring trust into the matter, but rather insist that the employer behaves professionally and provides the appointment letter by the end of the business day. Failing to do so may lead you to reconsider working in an unprofessional company.

Thanks,
Geeta

Hi Geeta,

Thank you very much; that's what I wanted to know because without an offer or appointment letter, it's very clear that you don't have any proof at all. It can become a complete disaster when you work for a long time, and when changing jobs, you have to face this question.

As of now, I just wanted to confirm if it's the employee's responsibility in case the employer doesn't provide these things.

Thank you for your support and replies.

Employee is responsible to the extent that he/she does not have any written confirmation about the job he/she does, but then he/she is doing the job.

Mother does not offer milk to the baby until he/she cries...

Saurabh

Issuing of appointment letter must be centralized, which looks good. If an employee types an appointment letter themselves and gets it signed by the top authorized person, they have legal support. If an employee is not receiving an appointment letter, they should receive a salary slip, any card issued by the authorized person, and you can seek support from the company's standing order where all the terms of employment are mentioned; you should keep a copy of this.

Otherwise, make external communication with government departments or other departments to confirm that I am an employee of this firm and to get a mobile connection at the office address.

Hi Pradeep,

One should never start a service with any company without a proper agreement in place. In your case, the offer letter and appointment letter are mandatory for all legal matters. Please do not make the mistake of preparing a letter yourself; this could be perceived wrongly in the eyes of the law. I know that in today's trying times, employees sometimes ignore their basic rights, and a few irresponsible companies are taking advantage of this.

My suggestion is not to proceed any further until you receive the offer/appointment letter. This is the foundation on which all legal rights can be claimed. Of course, there are other ways, but having an offer letter/appointment letter will make life easier if things go wrong.

Ukmitra

Hello Mr. Sajid,

Thanks for your valuable suggestion. Your suggestion made me write some more. If you could help me in this regard, I didn't get where you suggested that I can get a mobile connection at the address of my office. Could you please explain in detail how it will help me in the future as proof?

In my city, employees don't receive any offer/appointment letter, and there are very few companies with an HR department (2 software companies and 2-4 companies including Jindal, Mahindra & Mahindra, etc.) as it is a developing city. Here, only communication between the boss and employee during interviews is considered enough, and the only thing they get is the salary cheque. Could you please let me know if a copy of this salary cheque can be considered as proof?

Waiting for replies.

Thank you :)

Hi Geeta,

I remember in my first job, I was not issued an experience letter. I was working with an NGO as a district head. My senior suggested that since I worked closely with the District Collector, I should get an experience letter from him. It was emphasized during our training that we needed to maintain good relations with key government officials as the project was a joint venture of the government and the NGO. So, I approached the Collector and requested a letter stating the duration and responsibilities of my work there.

That letter from the Gazetted officer served as proof of my experience with the NGO. Sometimes, people have to find ways to prove their tenure in a company.

Nowadays, since salaries are credited to bank accounts, this serves as proof of both salary received and one's employment in the company. It is advisable to receive salary payments in a single bank account.

During interviews, candidates often claim a certain salary amount. When I inquire if they can provide proof, some present fake salary slips. I then request to see bank statements reflecting their salary for the past six months. Some respond saying they are paid in cash, have multiple accounts, or receive a combination of cash and cheques. It's crucial to be transparent with potential employers.

Thank you.

Hi Geeta, please let me know what I should do if I receive my salary only by cheque. Although I will try to obtain the appointment letter, considering the situation I mentioned in my previous post about my city, what do you think would be the best solution if the employer insists on paying my salary by cheque? Waiting for your reply.

Hi,

Salary in a cheque is as good as crediting the salary directly to your bank account. Make sure you always deposit this cheque in the same bank account and around the same time every month. So when you take a 6-month bank statement, it shows every month the same amount of money being deposited by a cheque issued from your company. Therefore, in the future, you need not take bank statements from all the accounts where you might have deposited your salary cheques.

Every day you go and sit in the HR department, never give up, and insist on getting the appointment letter. It will definitely work in your favor. State that you are not going back to work without the appointment letter. Set a date or time within 2 days to have it in hand. You need the job, and the employer needs an employee. So, insist on what is due to you professionally.

Thanks, Geeta

Hello Pradeep,

Normally, an offer letter or appointment letter is required to join a professionally managed company. However, I have heard that in some unprofessional companies, they give offers verbally, and employees join. You can definitely prepare the appointment letters or offer letters on a letterhead and get them signed by your boss. This is valid, but it can only be done if you have a good relationship with your boss, and the boss trusts you enough to allow you to prepare such documents.

It is always better to have an offer letter or appointment letter before joining a new company to avoid confusions or problems later on. These documents have legal validity and make everything transparent.

Issuing of a cheque is evidence for an employee; you should keep records of all cheques and check in the last closing month whether they are deducting tax or TDS.

After the issuance of a cheque and continuing the job for one year is considered as a permanent employee of the company.

Also, investigate the company background to determine if they are covered under the Shops & Establishments Act and the Factory Act; this is also important to keep in mind.

Geeta has explained the evidence well; once you receive your salary cheque, it serves as evidence of employment.

Similar to obtaining a mobile connection, under the Mobile Communication Act, eligible candidates must have proof of employment and issue a letter to the service provider to avail of a connection. The signing by a top manager also serves as evidence of working in the industry or company. Any communication with government departments regarding sending letters to the labor department, PF, ESI, or electrical/civil departments to inquire about any queries will eventually provide you with the necessary information, albeit with some delay. Nevertheless, you should receive it in your name, serving as proof.

Receiving an appointment letter is not evidence of continued service in the organization. For instance, if you receive an appointment letter and your salary is paid in cash without any written records, the company could claim that they issued an appointment letter for joining, but you did not come to the factory/company, leading to the rejection of your employment at the same time.

Best Regards,

Sajid Ansari - Delhi

Hi,

A person should join any organization only after receiving an appointment letter or offer. If he joins without an offer, it is at his own risk.

Furthermore, it is advisable that every organization should prepare its draft appointment offer. Every new appointee should be given the same letter to maintain uniformity.

Such an appointment offer letter should cover all the important terms and conditions of the appointment.

Thanks,
M.L. Barber

Hi friends,

Please help me understand the kinds of responsibilities a branch manager has to perform, specifically in a sales and marketing company. I am conducting research in a company of that nature, so kindly reply briefly or provide any additional materials or PowerPoint presentations.

Thank you all very much. I hope for your earliest reply.