Issuing Appointment Orders Late: Can We Backdate to Original Start Date?

We have employees working in our company for the past 8 months. We are providing them necessary employee benefits of ESI, PF, and bonus as per the relevant acts. But still, we have not issued them the Appointment Order. Now we are planning to issue the Appointment Order.

My questions are:
1. Can we issue the Appointment Order on the current date?
2. If yes, can we mention their original Date of Joining?

Hi,

As you have already been remitting statutory deductions with concerned authorities, the commencement of the employment has to be on their original date of joining. However, the appointment letter date may be the current date.

Please let me know if you need any further clarification or assistance.

Thank you.

Good that you are regularizing the employment contract which has to be with retrospective effect, i.e., the date of joining of individual employees at various cadres. The letter may be from the date of issue or reference for record purposes, but the date of employment must be written as the date of joining.

All the best,
Kritarth Team, Bengaluru Office
31.5.19

Hi,

As you mentioned, you have deducted his EPF and ESIC. Therefore, you need to issue the appointment letter with a backdated mention of his actual date of joining. Failure to do so may result in issues during the inspection of EPF and ESIC.

Thank you.

You can issue the appointment letter on the current date for a backdated appointment as you did not issue it. There should not be any change in the terms and conditions of service explained at the time of joining. By doing so, the employees would be under the terms and conditions of service. Do not forget to take the acceptance in your office copy from the employee.