Things to remember while appointing an employee

When appointing an employee, various documents need to be collected and executed to ensure compliance with legal requirements and company policies. Here is a comprehensive list of documents typically involved in the process:

Documents to be Collected from the Employee

1. Employment Application Form: Filled and signed by the employee.
2. Resume/Curriculum Vitae (CV): Detailed professional background of the employee.
3. Educational Certificates: Proof of academic qualifications.
4. Professional Certifications: Relevant certifications, if any.
5. Experience Certificates: Previous employment proof.
6. Identification Proof: Government-issued ID such as Aadhar card, passport, or driver’s license.
7. Address Proof: Utility bills, rental agreement, or any other valid proof.
8. Photographs: Recent passport-sized photographs.
9. PAN Card: For tax purposes.
10. Bank Account Details: For salary disbursement.
11. References: Contact details of professional references.
12. Medical Certificate: Proof of fitness, if required.

Documents to be Executed

1. Offer Letter: Formal offer of employment with details of the position, salary, and other terms.
2. Appointment Letter: Official document confirming the employment, usually provided after the acceptance of the offer.
3. Employment Agreement: Detailed contract outlining the terms and conditions of employment, including:
   • Job role and responsibilities
   • Compensation and benefits
   • Probation period
   • Working hours
   • Leave policy
   • Termination conditions
   • Confidentiality and non-disclosure clauses
   • Non-compete clauses, if any
4. Non-Disclosure Agreement (NDA): Separate agreement to protect confidential information.
5. Non-Compete Agreement: Agreement restricting the employee from joining competitors for a certain period post-employment, if applicable.
6. Code of Conduct/Employee Handbook: Document outlining the company’s policies, procedures, and expected conduct.
7. Form 11 (EPF Declaration): Declaration for Employee Provident Fund.
8. Gratuity Nomination Form: For nominating beneficiaries for gratuity.
9. ESIC Form: For employees covered under the Employees’ State Insurance Corporation.
10. Background Verification Consent: Employee’s consent for conducting background checks.
11. Joining Report: Confirmation of the employee’s joining date.
12. Policy Acknowledgement Forms: Acknowledgement of various company policies such as IT policy, leave policy, etc.

Steps for Execution

1. Verification of Documents: Verify the authenticity of all collected documents.
2. Signing of Agreements: Ensure both the employer and employee sign all necessary agreements and forms.
3. Submission of Documents: Collect and file copies of all executed documents for company records.
4. Onboarding Process: Complete any other onboarding formalities such as induction, training, and orientation.

Compliance with Legal Requirements

Ensure that the employment process complies with relevant laws and regulations such as:

• The Indian Contract Act, 1872
• The Industrial Employment (Standing Orders) Act, 1946
• The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952
• The Employees’ State Insurance Act, 1948
• The Payment of Gratuity Act, 1972

By following these guidelines, you can ensure a smooth and legally compliant employee appointment process.