Can I Issue Appointment Letters to Long-Term Staff with Their Original Joining Dates?

Dear Sir, I'm a newly appointed and the first HR Manager with an educational institute in Hyderabad. The institute's headcount is approximately 250 employees (both teaching and non-teaching staff). Till now, none of them have received their appointment letters. Out of the 250 employees, about 20-30% of the staff have been working for 15 years or more, and some have even been with the institute before that.

So my question is, can I issue an appointment letter to all these employees mentioning their original date of joining?

Please suggest.

Thank you,
Sheetal

It is not possible to give an appointment order or make a contract of employment with a retrospective date. However, in such circumstances, you can make a "settlement" by declaring the date of joining. This can be done separately for each employee or through a common order that declares the date of joining for each employee.

Normally, for sub-staff, such a common settlement is sufficient, but for others, it is fair to have separate orders for each employee. The settlement will state that due to various reasons, the employees were not provided with an appointment order at the time of joining. While it is important to declare the dates of joining, the management has reviewed the available records and confirms the date of joining as follows...

Dear,

The suggestion you received is quite valid under Indian labor law. It is indeed not possible to issue a retrospective appointment letter or an employment contract with a backdated joining date, as the law typically requires that such documents reflect the actual date of issuance.

However, in this scenario, you can create a formal settlement agreement to declare the date of joining for each employee, or for groups of employees, based on your records. This settlement can explicitly state that the employees were not provided with an appointment letter at the time of joining due to various reasons, but now, the management is formalizing their employment by declaring their actual date of joining based on available records.

For employees in higher positions (like teaching staff), it is advisable to issue individual settlement agreements to maintain transparency. For other staff members, a collective settlement document may be sufficient. The settlement will specify that the management has reviewed the records and confirmed the employees' dates of joining, ensuring clarity regarding their service history.

In summary, issuing a retrospective settlement agreement can effectively formalize the employment records while complying with legal standards. It is essential to communicate this process transparently to the employees to avoid any misunderstandings.

Can I issue an appointment letter to all these employees mentioning their original date of joining?

Yes, you can do it, but there are issues regarding the terms of agreement on the basis of which they were appointed. The terms and conditions for all categories of employees were equal.

Is the appointment letter a demand from the staff or your initiative?

You need to know the opinion of the management regarding the issuance of such papers. The appointment date is not a significant issue, but the terms and conditions of service involve more complicated features in the absence of policies or understanding among employees. You can provide the appointment date subsequently by taking an application or request from the employees to management.

Hi, it is commendable that you are planning to regularize this process. My suggestion is to issue appointment letters with the original date of joining. However, only an authorized senior official in the company can sign for a retrospective date, and the employee acknowledgment should be backdated accordingly. Additionally, you should have information about their salary details at the time of their joining. Furthermore, any increments, confirmations, etc., that have occurred in the interim should also be regularized as necessary.

Dear colleagues,

Can anybody let us know if there is any provision that prohibits the issuance of an appointment letter/order retrospectively or with the current date, quoting the undisputed date of joining/terms & conditions to regularize the records where insufficient/relevant records have either not been issued or are not traceable?

Appointment letters and their significance

An appointment letter is not limited to the Department of Justice (DOJ) only; it includes conditions of services and terms for the end of services as well. Therefore, any appointment made without an appointment letter was either verbally communicated terms or as per prevailing conditions. What were the conditions of services at that time?

Thus, the employee needs to confirm his/her acceptance through an affidavit, indemnification, or a self-declared consent that the date of joining (DOJ) and the terms & conditions specified in the appointment letter are acceptable. He/she should also acknowledge that they will not challenge the terms and conditions at a later date.