Dear Senior, Please advise me how to proceed with the below undertaking from the employees at the time of joining and also please recommend for any corrections required.
Date:
UNDERTAKING
I _________________ S/O __________________ , Age- residing at___________________________holding Aadhar Number _________________hereby undertake to comply with the following terms and conditions during the employment with M/s.______________________________ Limited (Company);
I will follow the Health, Safety and Environment policies of the Company, (Company Name & Address) at all times during my employment with the Company.
I fully abide by the rules and regulations of the Company during my employment and will not indulge in any activity which is detrimental to the Company and its business, including illegal groupism directly or indirectly.
I will always maintain the Industrial peace and harmony and will not indulge /instigate in any hindrance/disturbance/sabotage in the company’s business activities directly or indirectly during my service period with the Company.
If at any time, I am found incompetent to perform the duties and responsibilities assigned to me, or found to be dishonest, disobedient, intemperate, and irregular in attendance or involved in any offence, the Company shall have absolute right to terminate my employment forthwith without any notice and compensation thereof.
On resignation / dismissal of service, I shall return / deposit to the Site / Engineer-In-Charge or any other the Company Official as delegated by the Company , the original gate pass, tools and tackles, PPEs , documents , records , drawings or any other materials /documents issued to me / received by me during the service with the Company.
(Name & Signature of the Employee)
Date :
From India, Karimnagar
23Date:
UNDERTAKING
I _________________ S/O __________________ , Age- residing at___________________________holding Aadhar Number _________________hereby undertake to comply with the following terms and conditions during the employment with M/s.______________________________ Limited (Company);
I will follow the Health, Safety and Environment policies of the Company, (Company Name & Address) at all times during my employment with the Company.
I fully abide by the rules and regulations of the Company during my employment and will not indulge in any activity which is detrimental to the Company and its business, including illegal groupism directly or indirectly.
I will always maintain the Industrial peace and harmony and will not indulge /instigate in any hindrance/disturbance/sabotage in the company’s business activities directly or indirectly during my service period with the Company.
If at any time, I am found incompetent to perform the duties and responsibilities assigned to me, or found to be dishonest, disobedient, intemperate, and irregular in attendance or involved in any offence, the Company shall have absolute right to terminate my employment forthwith without any notice and compensation thereof.
On resignation / dismissal of service, I shall return / deposit to the Site / Engineer-In-Charge or any other the Company Official as delegated by the Company , the original gate pass, tools and tackles, PPEs , documents , records , drawings or any other materials /documents issued to me / received by me during the service with the Company.
(Name & Signature of the Employee)
Date :
From India, Karimnagar
It is a good practice, but please remember that this has little direct legal impact.
In case of violation of the undertaking, you can remove him from employment, but you will still need to follow the entire process including giving showcause notices and holding domestic enquiry.
the undertaking is only a supporting evidence that makes your life a little better. The undertaking is not a legal contract.
From India, Mumbai
In case of violation of the undertaking, you can remove him from employment, but you will still need to follow the entire process including giving showcause notices and holding domestic enquiry.
the undertaking is only a supporting evidence that makes your life a little better. The undertaking is not a legal contract.
From India, Mumbai
What on earth is "illegal groupism". A very strange term indeed. Is it peculiar to India? Never seen or heard it used anywhere till today.
From Australia, Melbourne
From Australia, Melbourne
Dear Colleague,
Legal enforcement of such undertaking letter may have challenges as it is one sided mostly and more like and SOP. It is suggested you convert the terms as part of appointment order in the below manner so that it becomes part of appointment terms and becomes clause of appointment order:
" The employee has to follow the Health, Safety and Environment policies of the Company, (Company Name & Address) at all times during his/her employment with the Company.
The employee has to fully abide by the rules and regulations of the Company during employment and shall not indulge in any activity which is detrimental to the Company and its business and to be refrain from indulging in any sort of activities that are viewed as misconduct/ crime / illegal act etc under the legal system from time to time.
The employee has to maintain and support for conducive Industrial peace and harmony and shall not indulge /instigate in bring any hindrance/disturbance/sabotage to the the company’s business activities directly or indirectly during his/her service period with the Company except those fair practices allowed under Law.
If at any time, the employee is found incompetent to perform the duties and responsibilities assigned, or found to be dishonest, disobedient, intemperate, and irregular in attendance or involved in any offence, or involved in any misconduct of such nature, then the Company shall have absolute right to terminate the employment forthwith without any notice and compensation thereof after adhering to the required disciplinary process
In case of resignation / dismissal of service, the employee shall return / deposit to the Site / Engineer-In-Charge or any other the Company Official as delegated by the Company , the original gate pass, tools and tackles, PPEs , documents , records , drawings or any other materials /documents issued to the employee / received by the employee during the service with the Company which are provided to perform his given work/ role.
you may add such clauses you feel absolutely necessary but do not bring any clause which are one sided, bias, prejudice and infringing the basic and fundamental rights of the employee here as those clauses will be null and void.
My suggestion is not to take separate undertaking every time, but to bring it under appointment order. Other option is that in the case of Workmen Covered under ID Act, there will be Standing Order for your establishment and you may add all these clauses in the standing order so that it becomes a valid one. In the case of Supervisory, Executive, Managerial and Officer levels ( Non-ID Act covered), you may create a detailed "Code of Conduct document" listing out all such requirements and annex to the Appointment order and to be singed by both sides - Employer and Employee. Then it becomes a very valid document. Kindly think and then proceed.
From India, Chennai
Legal enforcement of such undertaking letter may have challenges as it is one sided mostly and more like and SOP. It is suggested you convert the terms as part of appointment order in the below manner so that it becomes part of appointment terms and becomes clause of appointment order:
" The employee has to follow the Health, Safety and Environment policies of the Company, (Company Name & Address) at all times during his/her employment with the Company.
The employee has to fully abide by the rules and regulations of the Company during employment and shall not indulge in any activity which is detrimental to the Company and its business and to be refrain from indulging in any sort of activities that are viewed as misconduct/ crime / illegal act etc under the legal system from time to time.
The employee has to maintain and support for conducive Industrial peace and harmony and shall not indulge /instigate in bring any hindrance/disturbance/sabotage to the the company’s business activities directly or indirectly during his/her service period with the Company except those fair practices allowed under Law.
If at any time, the employee is found incompetent to perform the duties and responsibilities assigned, or found to be dishonest, disobedient, intemperate, and irregular in attendance or involved in any offence, or involved in any misconduct of such nature, then the Company shall have absolute right to terminate the employment forthwith without any notice and compensation thereof after adhering to the required disciplinary process
In case of resignation / dismissal of service, the employee shall return / deposit to the Site / Engineer-In-Charge or any other the Company Official as delegated by the Company , the original gate pass, tools and tackles, PPEs , documents , records , drawings or any other materials /documents issued to the employee / received by the employee during the service with the Company which are provided to perform his given work/ role.
you may add such clauses you feel absolutely necessary but do not bring any clause which are one sided, bias, prejudice and infringing the basic and fundamental rights of the employee here as those clauses will be null and void.
My suggestion is not to take separate undertaking every time, but to bring it under appointment order. Other option is that in the case of Workmen Covered under ID Act, there will be Standing Order for your establishment and you may add all these clauses in the standing order so that it becomes a valid one. In the case of Supervisory, Executive, Managerial and Officer levels ( Non-ID Act covered), you may create a detailed "Code of Conduct document" listing out all such requirements and annex to the Appointment order and to be singed by both sides - Employer and Employee. Then it becomes a very valid document. Kindly think and then proceed.
From India, Chennai
Such undertakings are, in legal terms, nothing more than mere placebo. It can only supplement the laws and regulations of the country but not supplant them. As such, the conditions as undertaken would not amount waiver of the legitimate rights of the employees nor of contracting out their statutory entitlements.
From India, Kochi
From India, Kochi
Dear Sripad,
To me, the draft undertaking seems to be a mere replica of the Standing Orders, Service Regulations or the Code of Conduct of employees applicable to the organization. You can simply put in the offer or appointment letter that the employee will abide by the rules of discipline and code of conduct applicable to his cadre and obtain his signature.
From India, Salem
To me, the draft undertaking seems to be a mere replica of the Standing Orders, Service Regulations or the Code of Conduct of employees applicable to the organization. You can simply put in the offer or appointment letter that the employee will abide by the rules of discipline and code of conduct applicable to his cadre and obtain his signature.
From India, Salem
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