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I am Dhilip, working as an HR Executive since December 12th. However, I have not received an offer letter or an appointment letter from my employer or colleagues yet. They mentioned that these documents would be provided once my probation period is over. It has been six months since I started, and I am still waiting for the offer letter. I am unsure about what steps I should take next. PLEASE HELP ME OUT...

I am looking forward to your feedback.

Regards,

From India, Madras
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boss2966
1189

Mode of Payment for Salary

What is the mode of payment you use to receive your salary? If it is through a bank, then you need not worry. The monthly remittance of your salary into your account will solidify your employer/employee relationship, eliminating the need for concern.

Role of the HR Executive

Why do you need to seek input from others? I assume you are the sole HR person in your office. You will be responsible for drafting the offer letter and appointment letter upon confirmation of the probation period. Subsequently, you should present it to the Managing Director for approval, finalize the document, obtain signatures, and distribute it to all staff members in your office.

From India, Kumbakonam
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I hope everything is fine. Please obtain an offer letter duly signed by the MD/HR Head. If they decline, kindly discuss the legal options as you will be receiving salary credits in your bank account from your MD.

Regards,
Kailash

From India, Bangalore
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Consider Quitting Your Job

Quit your employment at the first good opportunity. Your employers are evidently uncouth, and you do not have to try to reform them. If they are in business, it is not as though they do not know what they are doing. They are behaving deliberately. The people who do not issue even the appointment letter are, for dishonorable reasons, avoiding binding to any terms and conditions of the contract of employment. But then you also are not bound by anything aside from applicable law. However, this is not a healthy situation, and you have to correct it quickly!

This sounds harsh, but you may, in fact, be wasting your time and more honorable opportunities in the profession!

Regards,
Samvedan

June 22, 2013

From India, Pune
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Actually, there isn't sufficient data to give you the right inputs, and all that has been said earlier are a few dimensions. If it is a sole trading business, you may not get an appointment letter, or if you are working for someone who is, say, in the cracker manufacturing business in Sivakasi, then too there are chances of you not getting an appointment letter because even the one who employs and pays your salary isn't sure of his business.

Hence, it would have been nice to know the nature of the business or the place you work, and the number of people working.

Using the Normal Practice

As one who could be launching into a career as a new employee, appointment letter issues are far from your mind. Like most people, you want to get started, and you are thrilled that you are starting a new phase in your life. You have a job. You are full of eagerness and expectation.

After a while, when the enthusiasm has subsided somehow, you realize that you do not have an appointment letter. You do not know most of the terms and conditions of employment or how you know terms and conditions of employment. And you are not very sure what you need to do. You inquire from your working colleagues about the issuance of appointment letters.

Management may not have issued appointment letters to some of them when they first reported for duty. They tell you they have their appointment letters now. This assures you, and you wait a little longer. A month passes. Then two months. No appointment letter. What must you do? Must you wait some more?

This is the dilemma because if you want to take up another job to further your career, you will have no proof whatsoever. You'd have to start all over again as a "fresher." Then what would you mention on your CV, "working and have experience" or "not working and no experience"? This then reduces the chances of your job prospecting.

The most reasonable thing you can do is to see your supervisor. He or she is supposed to help solve any subordinate's problems. If your supervisor has no answer to your inquiries, then he or she should either refer the case to the one who is heading Human Resources (HR). Do not by any means bypass your supervisor by going to the Head, HR without his or her knowledge or permission. This is not right based on the reporting channel.

Having waited for this long, you may need to wait a little more if your employer gives a reason that seems acceptable. But do not wait any longer than one month. Find the first opportunity to see your supervisor or alternatively the Head, HR people after consulting your supervisor.

The Issue

You are told that you will get the appointment letter at the end of the probationary period. This is a real appointment letter issue.

My Submission

This is not proper. At the end of the probationary period, your employer is supposed to issue you a confirmation letter if your work is found satisfactory.

Contents of the offer letter differ from the appointment letter. This amounts to a lie on the part of the employer. This is another reason why an offer letter is not necessary.

This is an assumption: Only senior employees are issued appointment letters. There is no acceptable reason for doing this.

However, lastly, you are free to ask for permission to see the right people if not in HR, someone higher up regarding your problem.

Having said this, I'm surprised that there are such nomad organizations still on the face of this planet. It is only right that employers issue appointment letters to new employees before they report for duty. They could claim to have some valid reasons for this; however, it is not the norm. It is not proper; it's unethical, illegal.

Have patience, do not do anything in a hurry to hamper your entire career. Who knows, this roughing out could make you an entrepreneur who will want to set an example of being a good employer in the future.

From India, Hyderabad
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Others have given you some ideas based on the limited information provided by you and have also raised pertinent questions. Let me add a few more questions before making a comment.

Background Information

What is your background and what qualifications do you have? What are your duties? How large is the organization, and what is the nature of the business? Is it a startup company? The more information you provide, the more precise the advice you will receive.

Employment Details

Did you receive a verbal offer? If so, what were the terms of the probation period explained to you? I am amazed that in this age people are paid in cash, and individuals take up such jobs without an offer or appointment letter! How many of you are in the same situation? Is the company providing wages agreed upon at the time of the interview?

I could continue asking questions, but I won't. One final question: suppose a friend came to you for advice, stating that he is in a similar situation to yours, what would your advice be as an HR executive?

Regards

From United Kingdom
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DM
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Dear Dilip,

As rightly pointed out by the senior members, in the first place, how did you join a company without a proper offer letter and contract of employment? These two are vital to the employment of any person. It appears that your company is doing business of a dubious nature. Tomorrow, if the company turns down any settlement claim by employees, you cannot substantiate your employment status without valid documents.

Are they contributing to employees' PF, ESI, etc.? If so, it must be routed through HR. That establishes the employer-employee relationship.

Is the company a new establishment and is in the process of stabilizing? Even in such a case, it won't take six months for a company to issue an offer letter/contract of employment.

Normally, an appointment letter is issued to the employee on selection, and the offer letter and contract of employment are given at the time of joining the organization. A confirmation letter is given to the employee on the completion of the agreed term of probation.

You have stated that the company said it will give the offer letter after six months, then it is suspicious. Please watch carefully what is happening and take appropriate steps at an opportune time.

Regards,
Madhusudan

From India, Vijayawada
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