Respected Seniors.. i m little bit confuse regarding issuing back dated appointment letter to our employees...is it legal ? pls suggest ....
From India, Rajkot
From India, Rajkot
Dear Friend
Generally no organization prefers to issue appointment letters with back date. Why because, it may leads to some complications in case of accident/ death of an employee. It may also become difficult to terminate or discharge the employee whom you have taken into service without giving him an appointment letter with prospective date. However, the employee can be taken on the basis of offer letter with a provision to issue him appointment letter on his joining into duty as per the terms and conditions of such offer letter.
In such a case, the appointment letter could be issued by mentioning the date his joining into the service of the an organization but not prior to the said date
Regards
NVRao
Naidupeta.
From India, Nellore
2Generally no organization prefers to issue appointment letters with back date. Why because, it may leads to some complications in case of accident/ death of an employee. It may also become difficult to terminate or discharge the employee whom you have taken into service without giving him an appointment letter with prospective date. However, the employee can be taken on the basis of offer letter with a provision to issue him appointment letter on his joining into duty as per the terms and conditions of such offer letter.
In such a case, the appointment letter could be issued by mentioning the date his joining into the service of the an organization but not prior to the said date
Regards
NVRao
Naidupeta.
From India, Nellore
Yes, you can / you have to because there won't be any other alternative. Companies will operate without HR for 2 to 3 yrs and they feel that one production manager & Finance manager is more than enough to run a company. After 3 yrs the employee related problems gear up because there is no people orientation, welfare, proper statutory compliance, etc., then with lot of dissatisfaction employees go for collective bargaining etc. The real game starts from there onwards, the employees raise disputes, labour department inspects and asks for all sorts of records, appointment letters, documents, confirmation lrs etc. then the organization has to issue the appointment / confirmation letters with retrospective dates.
If the HR joins after 3 yrs even then the HR head wants to keep every thing in order then he / she starts with the job application / testimonials / nominations / etc., then the appointment lrs even then also you have to issue the same with retrospective effect.
Regards - kamesh
From India, Hyderabad
If the HR joins after 3 yrs even then the HR head wants to keep every thing in order then he / she starts with the job application / testimonials / nominations / etc., then the appointment lrs even then also you have to issue the same with retrospective effect.
Regards - kamesh
From India, Hyderabad
Elaborating Mr.Rao's reply, an appointment letter can be issued bearing the date on which it is issued (current date) but stating that "Mr X has been appointed in the service of the company with effect from .....(cite the back date)......" provided he has been in service of the company since that date(back date).Such an appointment letter may not pose any problem with reference to time. Do not give back date appointments for the period an employee was not in the service of your company as it may create an embarassing situation for you latter for you which might be unexpected now.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
The appointment letter date will be the same as of issue of appointment letter (preparation date). But appointment date can be back dated, with the wording that the back date for 1 year or 2 years are given only to calculate the service seniority of the individual employee.
From India, Kumbakonam
From India, Kumbakonam
Dear Sir,
The Appointment will be implied or expressed. Implied means joining in duty working with an understanding. It will continue. It is valid in Law.
Expressed means receiving appointment order and working. It is a clear position. Giving back date appointment order for the work period is
valid.
D.Gurumurthy
HR/IR Consultant
From India, Hyderabad
The Appointment will be implied or expressed. Implied means joining in duty working with an understanding. It will continue. It is valid in Law.
Expressed means receiving appointment order and working. It is a clear position. Giving back date appointment order for the work period is
valid.
D.Gurumurthy
HR/IR Consultant
From India, Hyderabad
Hi, I do agree with Mr. NV Rao, Mr. Kamesh & Mr. Saikumar. Good Suggestion and a guide line for HR professionals in this regards. Regards Jai Ram Singh 08880571320
From India
From India
Hi, I do agree with Mr. NV Rao, Mr. Kamesh, Mr. Saikumar & Mr Jairamsingh. Good Suggestion and a guide line for HR professionals in this regards.
From India, Bangalore
From India, Bangalore
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