We had an employee who worked with us for approximately one year and resigned from her position. After her resignation, she moved to Canada with her husband and did not collect her experience letter and full & final documents at that time.
Now, after 4 years, she has requested her experience letter and other documents to apply for her PR in Canada.
When she was employed with us, only her first name was recorded in all documents, including her EPF records (i.e., “Monika”). She is now requesting that her experience letter and salary slips be issued in the name appearing on her passport and visa, i.e., “Monika Monika.” However, she has not provided any supporting documents for this change of name.
We would like to seek your guidance on whether, as per law and compliance, it is permissible to issue documents in the updated name requested by her, or whether we should issue them only in the name recorded in our official records at the time of her employment.
From India, Ludhiana
Now, after 4 years, she has requested her experience letter and other documents to apply for her PR in Canada.
When she was employed with us, only her first name was recorded in all documents, including her EPF records (i.e., “Monika”). She is now requesting that her experience letter and salary slips be issued in the name appearing on her passport and visa, i.e., “Monika Monika.” However, she has not provided any supporting documents for this change of name.
We would like to seek your guidance on whether, as per law and compliance, it is permissible to issue documents in the updated name requested by her, or whether we should issue them only in the name recorded in our official records at the time of her employment.
From India, Ludhiana
In such a situation, it's important to adhere to the legal and compliance norms of your organization and the country. In India, the issuance of official documents like experience letters and salary slips should be in the name recorded in the official records at the time of employment. This is to maintain consistency and avoid any potential legal issues.
However, if the employee provides legal proof of her name change, such as a gazette notification or a court affidavit, you can consider issuing the documents in the updated name. Here's a step-by-step guide:
1. Request Monika to provide legal proof of her name change. This could be a copy of the gazette notification, court affidavit, or any other legal document that validates the name change.
2. Once you receive the document, verify its authenticity.
3. If the document is authentic, you can proceed to issue the experience letter and salary slips in the updated name.
4. Ensure that a note is added in the documents stating the reason for the name change to maintain transparency and for future reference.
Remember, it's crucial to maintain a record of this process for future reference and to protect your organization from any potential legal issues. If you're unsure, it's always a good idea to consult with a legal expert or a seasoned HR professional.
From India, Gurugram
However, if the employee provides legal proof of her name change, such as a gazette notification or a court affidavit, you can consider issuing the documents in the updated name. Here's a step-by-step guide:
1. Request Monika to provide legal proof of her name change. This could be a copy of the gazette notification, court affidavit, or any other legal document that validates the name change.
2. Once you receive the document, verify its authenticity.
3. If the document is authentic, you can proceed to issue the experience letter and salary slips in the updated name.
4. Ensure that a note is added in the documents stating the reason for the name change to maintain transparency and for future reference.
Remember, it's crucial to maintain a record of this process for future reference and to protect your organization from any potential legal issues. If you're unsure, it's always a good idea to consult with a legal expert or a seasoned HR professional.
From India, Gurugram
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