Legal Dilemma: Are Email Warnings Valid as Written Notices for HR Compliance?

Dear All,

As you are aware, the HR department needs to issue many letters such as warning letters, Performance Improvement Letters, etc. Most of the time, we tend to communicate this information through email.

I would like to know if these emails can be considered as letters according to the law. The law requires 2-3 written warnings before termination. Will they consider email notification as written warnings?

Regards,
Latha

Dear Latha,

It's on the safer side for the HR Department to obtain acknowledgment from the employees. If you issue any letters, as you mentioned, emails can also serve as proof. However, employees may argue that they did not check their emails. Therefore, it is advisable to obtain acknowledgment for the sake of caution and compliance with legal requirements.

Regards,
Ramkishore

Dear Latha,

Nowadays it is acceptable. But you should be very careful to ensure that the email is sent to the correct person. Even then, please consider sending the communication through Registered Post with Acknowledgment Due in the case of notice, suspension, or termination. Nowadays, all the seniors are still following the same.

Thank you.

Is that acceptable by the law in case of litigation? The safest means of communication is either by registered post with acknowledgment due or through courier service duly certified by the couriers that the letter was duly delivered to the addressee.

A legal opinion might help in the case of communication by email.

Dear Latha,

In the US, warning letters via email are permissible in the court of law. In India, people might not check their emails as often as they do in the West -- this also depends on the industry that you're in. Some companies still do not provide an email ID to the employee. The best way to handle this for your organization to record things legally is as follows:

1. Log the session of a personal warning by the supervisor or the HR. Make the employee sign a copy that the warning session had taken place and that they have understood that they've been warned.
2. If you need to warn them again, use a letter, and email them the letter -- again, have a copy signed for their personnel file.

This way, both emails and actual letters are in the file, and you know that you've done everything you can legally -- protecting both the firm and the employee.

Hope that helps.

Yu Yu

Dear Latha,

I have trained my employees on email etiquette along with letter drafting skills. We need to draft letters or any other communication using proper tools/applications, rather than just composing an email, which is not ethical. In our company, we follow strict communication strategies.

In my opinion, email cannot replace a letter, notice, circular, or memo. Email can be used as a medium for communication or as a tool to attach letters, notices, circulars, memos, etc.

We should not forget the purpose of email, letter, notice, circular, or memo before we start using them.

With profound regards

Dear Latha,

It depends upon the code of conduct of the company policy. If your company supports technically by way of proper approval of HR policy and other statutory regulated laws as applicable in our country, the email communication holds good and valid. However, such emails are to be generated from the official email IDs of the authorized personnel of the company, and it should also be addressed to the official email ID of the concerned employee. But ensure to get proper acknowledgment for having read the email by the addressee/employee; in the absence of it, it is not legally tenable in a court of law.

Regards,

V.V. Murugan
AVP-HR

Importance of Registered Post with Acknowledgment

Registered post with acknowledgment is a must to avoid any litigation when taking any proceedings against employees.

Regards,
V. Murali
Executive, BSNL