Employee Needs Attendance Proof for Court Case – Is It Okay to Provide It?

One of our employees is asking us to give him a letter stating that he was present in the office on a specific date to prove his alibi in a court case that he is fighting in a different state. Is it okay to issue such a letter?

Please instruct the employee to submit an application stating the details of the case, such as the case number, name of the petitioner, name of the respondent, and the court where the case is being heard. The employee should also certify the accuracy of the information provided and acknowledge that any falsification will result in disciplinary action.

When issuing the certificate, ensure that it includes the employee's full name, employee number, etc. Additionally, specify the date the employee was present at the workplace, including the time of arrival and departure. Finally, state the purpose of issuing the certificate.

In principle, it would be entirely wrong to issue such a false letter, especially in a court matter. I would advise you to refrain from issuing any such letter.

Inform the employee that you will provide the required details directly only if the court demands.

Suresh

Dear Ramachandran,

Like Mr. Nagarkar, I am also against the issuance of any false certificate. Please issue the certificate based on the records of attendance. While replying, the word "alibi" escaped my attention. Regardless of the meaning of that word, I am also against the issuance of false certificates.

Thanks,

Dinesh Divekar

Presence Verification for Court Case

The question is simple: was he actually present in the office as per the attendance register? If present, there is no harm in certifying his presence according to the attendance register, duly certified by his timekeeper or department head. He has used the word "alibi," but one cannot jump to the conclusion that he wants a false certificate. Of course, the employee should provide an application with full details of the case. At any rate, the question of giving a wrong certificate does not arise.

Also, if his job involves outdoor duties, then that fact should be mentioned. For example, "Employee X logged in at 10:00 a.m., then performed field duties for the day and returned at 6:00 p.m."

Dear Colleagues,

It is the right of an employee to ask their employer to issue a record of their days present on duty, work, or assignments. It is also obligatory on the part of the employer to provide such testimonials. The employer is only bound to provide the facts as per the records and registers but not fabricated ones.

I completely agree with Mr. Nathrao and the procedural nature recommended by Mr. Divekar. The data provided in the query holds more weight in the eyes of the law. One can collect the materials to present before the authority for one's self-defense.

Dear colleague,

It is very clear from the post that the employee is asking to give a false certificate of attendance for the day when he is absent. I am of the view that no certificate, either of presence or absence at work, should be issued at the request of the employee unless the court demands it.

Regards, Vinayak Nagarkar HR Consultant

We cannot base our actions on assumptions.

Certified attendance extract with actual dates and timings can be provided if required to substantiate the employee's contention. The employee needs to give reasons as to why he requires such a certificate. There should be no question whatsoever of providing false data. The employee must be crazy to expect false records. Everyone knows that submitting false information in a court of law is perjury and punishable.

My last post on this aspect.

Instead of discussing ourselves in detail, let the company inform the concerned employee that necessary records will be provided on demand by the Court. Normally, no company issues any letter for attendance or certifies that the employee was present. I am supporting Mr. Nagarkar's statement.

Understanding the Term "Alibi"

I would like to set the record straight. "Alibi" does not mean a false or made-up fact; it is a claim or assertion that the individual was elsewhere when an act, generally used in criminal cases, is alleged to have taken place. This is a Rule of Evidence as per the Evidence Act. So please discount the feeling that the employee is seeking a false certificate. Indeed, this plea has a lot of significance. If the employee was at the workplace, he could not be present at the crime scene playing his alleged role. The involvement of the employee could be disproved based on this single evidence, which has knock-out value.

The Importance of Documentary Evidence

As the onus of proving an alibi is entirely on the accused, the employee has to produce some documentary evidence. However, in all probability, the court would later seek the production of records if any party disputes the fact. As someone who has the experience of issuing several such certificates, it can be said with certainty that the certificate should be issued only based on the record and should state that it is as per the records of the company. Please ascertain the full facts as indicated by Dinesh Sir before issuing the certificate.

Understanding Section 101 of the Evidence Act

As per Section 101 of the Evidence Act, it specifies the basic rule about who is supposed to prove a fact. It states that whoever desires any court to give judgment regarding any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

Proving Presence in the Office

If a person is to prove he was in the office on a particular day, he needs to prove it. What better way than showing attendance records or the next way is to bring his office staff as a witness to his presence in the office. His request cannot be rejected out of hand.

In the matter of obtaining information if the employer is not in a mood to provide, the same can be obtained by filing RTI by his keen or legal counsel or anyone.