How Do You Handle Terminating Employees Without Documentation While Staying Legal?

Termination Process for Employees Without Documentation

In cases where an employee does not have an appointment letter or any documented proof of their job, the termination process can be more challenging. It is important to handle such situations with care and in compliance with labor laws.

Firstly, it is crucial to establish the employment status of the individual through any available records or witnesses. If there is uncertainty regarding the job status, it may be necessary to conduct a thorough investigation to determine the nature of the employment relationship.

Once the employment status is clarified, the termination process can proceed accordingly. If the employee is found to be a regular employee, the standard termination procedures as per company policy and labor laws would apply. However, if the individual is classified as a casual or temporary worker, the termination process may differ based on the terms of their engagement.

In any case, it is advisable to seek guidance from HR professionals or legal experts to ensure that the termination is handled appropriately and in compliance with the relevant regulations. Terminating an employee without proper documentation can pose risks, so careful consideration and adherence to legal procedures are essential.

Please share the purpose of your query first. What does an appointment letter and termination mean to you? What are the reasons that forced you to think about it or why do you want to terminate the employee? How can you treat anyone as an employee who doesn't have any proof of your employment? If you have no proof of your employment with your present company, will you be able to prove yourself as an employee of your company? Just think about it and answer the questions above. This will help the community and yourself too.

Regards

We would seriously like to address the question mentioned by Mr. Arora, and I also wanted to ask you: without issuing an employment letter to an employee, how can you expect him/her to follow the processes and policies of the company? Processes and policies are a part/clause of the employment letter.

Thanks,
Simran

We would seriously like to know the answer to the above question raised by Mr. Arora. I also wanted to ask you, how can you expect him/her to follow the processes and policies of the company without issuing an employment letter to the employee? Processes and policies are a part/clause of the employment letter.

Thanks,
Simran

Certainly, it is not necessary to issue a letter of appointment for various aspects. Once salary is paid, it creates the employee and employer relationship. Depending on this relationship, various welfare laws work. Though an appointment letter is not given, a termination letter can be issued stating the payment details and settlement. There are no hard and fast rules for the issue of an Appointment Letter. Likewise, just as a person can fabricate an Appointment Order/Experience Certificate, the management can also fabricate an appointment order.

Regards,
Hrkpati Sr. Manager (HR & Legal)

First of all, thank you to all the members.

Secondly, this question has arisen in my mind because some companies do not issue appointment letters to the employees and suddenly terminate them by stating that starting tomorrow, they do not need to come to the organization. If an employee then goes to the conciliation officer, the officer calls for a hearing without seeing any proof of the employee's employment. How does this happen?

The next thing is that the officer advises the employee to file a case under the Industrial Disputes Act 1947 for his claim. How?

Proof of Employment through Salary Receipt

Proof of receipt of salary is proof of employment. If there is something specific you would like to ask, please state that.

Warm regards,
Ajay

Proof of Employment vs. Appointment Letters

Appointment letters are only proof of appointment and need not necessarily be proof of employment. For example, a candidate, after being selected in an interview for a post, can be given an appointment letter advising them to join duty. However, they may choose not to take up the post even after receiving the appointment letter. In such cases, the appointment letter cannot be considered as proof of employment.

Proof of employment typically includes salary slips, muster rolls, or any other documents such as transfer orders, deputation orders, or any orders sanctioning monetary incentives. These documents are issued only to employees who have served or are serving the company. An appointment letter on its own as proof of employment may be questioned and should be supported by other documentary evidence. Therefore, the absence of an appointment letter does not necessarily prove the non-employment of the alleged worker in the company.

A conciliation officer, when dealing with a dispute raised by an individual claiming to be in employment, can summon the management to submit its response to the contentions made by the worker in their statement of claim. The management can then refute the worker's claims in its response based on evidence or the lack thereof.

Regards,
B. Saikumar