Hi All,
I'm very new to this community. Though I have been actively surfing the threads of this forum for quite a long time now but never participated in any of the discussions. I am working in an MNC power grid manufacturing company as an Operations Manager and been associated with this organization for the last 14 years. So I have no relationship whatsoever with HR. There are able HR persons in our organization to take care of everything. But I have a query. And recently I have come across one such query which was asked to me by one of my nephews and due to unawareness I was unable to give the proper and relevant reply.
My question is what is the difference between submitting joining report and signing appointment letter. Please note I know the basic differences but I'm more interested to know in terms of legal perspective. In our organization also if I'm not wrong we provide appointment letter to a new employee after 3-4 days once he/she joins, however on the very first day he/she has to submit and sign a joining report where no terms and conditions of the employment is mentioned. I'm sorry I don't know if the rule has changed now, but at least that was the prevalent rule.
Now my question is post signing and submitting the Joining Report and before signing appointment letter (the 3-4 days time period I'm talking about) if he/she decides to leave what happens then? Is the employer-employee relationship established?
That is exactly what has happened with my nephew. He joined an organization, submitted joining report duly signed. But before getting appointment letter he resigned. What is his legal liability? Is he supposed to give any amount in lieu off? Please note as per him he didn't sign any form which emphases on Exit Clauses. I know Appointment letter officially declares that an employee is appointed, but does the Joining Report serve the same purpose? Is it also a legal document?
So what's more important? Submitting Joining report or Signing Appointment letter? In Legal perspective what helps establish the employer-employee relationship - Joining Report or Appointment Letter?
Hope to have a discussion on the same. Meanwhile I must tell you that my nephew at last came out this situation and the company stopped pursuing him. But the fundamental question remains same.
What are the takes of the experienced professionals here - we would like to know.
I'm very new to this community. Though I have been actively surfing the threads of this forum for quite a long time now but never participated in any of the discussions. I am working in an MNC power grid manufacturing company as an Operations Manager and been associated with this organization for the last 14 years. So I have no relationship whatsoever with HR. There are able HR persons in our organization to take care of everything. But I have a query. And recently I have come across one such query which was asked to me by one of my nephews and due to unawareness I was unable to give the proper and relevant reply.
My question is what is the difference between submitting joining report and signing appointment letter. Please note I know the basic differences but I'm more interested to know in terms of legal perspective. In our organization also if I'm not wrong we provide appointment letter to a new employee after 3-4 days once he/she joins, however on the very first day he/she has to submit and sign a joining report where no terms and conditions of the employment is mentioned. I'm sorry I don't know if the rule has changed now, but at least that was the prevalent rule.
Now my question is post signing and submitting the Joining Report and before signing appointment letter (the 3-4 days time period I'm talking about) if he/she decides to leave what happens then? Is the employer-employee relationship established?
That is exactly what has happened with my nephew. He joined an organization, submitted joining report duly signed. But before getting appointment letter he resigned. What is his legal liability? Is he supposed to give any amount in lieu off? Please note as per him he didn't sign any form which emphases on Exit Clauses. I know Appointment letter officially declares that an employee is appointed, but does the Joining Report serve the same purpose? Is it also a legal document?
So what's more important? Submitting Joining report or Signing Appointment letter? In Legal perspective what helps establish the employer-employee relationship - Joining Report or Appointment Letter?
Hope to have a discussion on the same. Meanwhile I must tell you that my nephew at last came out this situation and the company stopped pursuing him. But the fundamental question remains same.
What are the takes of the experienced professionals here - we would like to know.