Dear Experts, I have an inquiry about one of our casual employees who worked with us from 2021 to 2022 and left the organization.
We got the legal notice from the District Court on 28-01-2024. She filed a criminal case against a person.
We have to confirm her attendance for the period from Dec-21 to Mar-22 mentioned in the notice. but we have no record for the same period.
So you are requested to kindly confirm what we need to do at this stage. We have to appear on 01-02-2024 for the same.
Please give your valuable suggestion.
Thanks & Regards
RK Chauhan
From India, Mohali
1We got the legal notice from the District Court on 28-01-2024. She filed a criminal case against a person.
We have to confirm her attendance for the period from Dec-21 to Mar-22 mentioned in the notice. but we have no record for the same period.
So you are requested to kindly confirm what we need to do at this stage. We have to appear on 01-02-2024 for the same.
Please give your valuable suggestion.
Thanks & Regards
RK Chauhan
From India, Mohali
Hi,
Employer needs to honour the summon issued by the District Court.
Dec-21 to Mar-22 is very much a recent period. You should have maintained some Attendance Register and the same should be presented to the Court. Without some Attendance system in place how salary was processed for the employee ?
If need be hire the services of an Advocate.
From India, Madras
Employer needs to honour the summon issued by the District Court.
Dec-21 to Mar-22 is very much a recent period. You should have maintained some Attendance Register and the same should be presented to the Court. Without some Attendance system in place how salary was processed for the employee ?
If need be hire the services of an Advocate.
From India, Madras
Dear Lakshmi sir,
Thanks for your prompt response.
Since they have not maintained any record after distribution of salary to those unskilled employees, it was not maintained in the system.
Thanks & Regards
RK Chauhan
From India, Mohali
Thanks for your prompt response.
Since they have not maintained any record after distribution of salary to those unskilled employees, it was not maintained in the system.
Thanks & Regards
RK Chauhan
From India, Mohali
Hi,
The employer need to submit a certify letter confirming the employment of the said employee for the said period and lack of attendance reports. For sure you cannot ignore the Court Order. Hire the services of an Advocate while drafting the reply to the Court or let the Advocate appear on behalf of the employer ( provided Court permit the same).
From India, Madras
The employer need to submit a certify letter confirming the employment of the said employee for the said period and lack of attendance reports. For sure you cannot ignore the Court Order. Hire the services of an Advocate while drafting the reply to the Court or let the Advocate appear on behalf of the employer ( provided Court permit the same).
From India, Madras
salary distribution by bank or cash you shuold prepare dummy resigister equivilent to salary paid and submit the same to court .
From India, Thane
From India, Thane
Hi Raj Kumar,
I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional for advice tailored to your specific circumstances.
Gather Documentation:
Collect any records or documents related to the employee's attendance during the period in question. This might include time sheets, emails, or any other relevant communication that can serve as evidence of her presence or absence.
Check Employment Records:
Review your organization's employment records to ensure that there are no oversights or missing information regarding the employee's attendance during the specified period. It's possible that records may have been overlooked or misplaced.
Contact Former Employees and Colleagues:
Reach out to any colleagues or supervisors who worked closely with the employee during the mentioned time frame. They may have insights or recollections about her attendance that could be valuable in supporting your case.
Consult Legal Advice:
Consider seeking legal advice from an employment lawyer. They can provide guidance on the specific legal requirements in your jurisdiction and advise you on the best course of action. They can also help you prepare for the court appearance.
Be Prepared for the Court Appearance:
If you're unable to find sufficient evidence, be prepared to explain the situation to the court. Provide any documentation or information you have gathered, and be transparent about the challenges in confirming the employee's attendance during that period.
Cooperate with the Court Process:
Cooperate fully with the court process, attend the scheduled appearance, and present your case in a clear and organized manner. Be open to any requests or inquiries from the court, and comply with their instructions.
Thanks
From India, Bangalore
I can offer some general guidance that might help you in this situation. It's important to consult with a legal professional for advice tailored to your specific circumstances.
Gather Documentation:
Collect any records or documents related to the employee's attendance during the period in question. This might include time sheets, emails, or any other relevant communication that can serve as evidence of her presence or absence.
Check Employment Records:
Review your organization's employment records to ensure that there are no oversights or missing information regarding the employee's attendance during the specified period. It's possible that records may have been overlooked or misplaced.
Contact Former Employees and Colleagues:
Reach out to any colleagues or supervisors who worked closely with the employee during the mentioned time frame. They may have insights or recollections about her attendance that could be valuable in supporting your case.
Consult Legal Advice:
Consider seeking legal advice from an employment lawyer. They can provide guidance on the specific legal requirements in your jurisdiction and advise you on the best course of action. They can also help you prepare for the court appearance.
Be Prepared for the Court Appearance:
If you're unable to find sufficient evidence, be prepared to explain the situation to the court. Provide any documentation or information you have gathered, and be transparent about the challenges in confirming the employee's attendance during that period.
Cooperate with the Court Process:
Cooperate fully with the court process, attend the scheduled appearance, and present your case in a clear and organized manner. Be open to any requests or inquiries from the court, and comply with their instructions.
Thanks
From India, Bangalore
The maintenance of record is an essential part of the office management. You can not pass away from the notice of the court.
You can get the attendance from the PF contribution or ESI contribution or from the payment made during the period. If you do not able to get the data from the above options, then make a report that the records for the period is not available as has been damaged due to fire along with other records in office for an electrical short-circuit. You need to keep the documentary evidence of the same. Further more you can contact 8093097934 with prior intimation.
From India, Mumbai
You can get the attendance from the PF contribution or ESI contribution or from the payment made during the period. If you do not able to get the data from the above options, then make a report that the records for the period is not available as has been damaged due to fire along with other records in office for an electrical short-circuit. You need to keep the documentary evidence of the same. Further more you can contact 8093097934 with prior intimation.
From India, Mumbai
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