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My company is forcing me to do something illegal

jaya_b03 - Member Since: Dec 2009
Subject - My company is forcing me to do something illegal
Hello, I am working in a PVT LTD company since July 2001. Before 2005 my company was under proprietorship and in 2005 it was converted into private limited w/o giving full n final to the existing employees. I was promoted from a Branch Head to Manager HR in April 2007.Now the problem is our company is under scrutiny and has never paid PF for employees except the support staff (Grade iv), has never given bonus, gives only 19leaves in an year. Our lawyer has suggested that make back dated offer letters since 2005 of all the employees, stating that they joined in 2005 so that the company does not have to give any pending dues to those employees, who were working before 2005. The lawyer wants to prove, the company which was under proprietorship before 2005 is shut down and a new company was opened in 2005, which is completely wrong. The company was only converted into Pvt. ltd and was not shut down. All the paperwork would be done backdated.
This company came under existence in 1975 and was under losses since2007. My concern is that is all this ILLEGAL? If i make backdated offer letters when i myself was not the HR, will that be wrong? Even if I make letters from 2007, will that be wrong?
Do those letters have any authentic value if they are not signed by the employees they are offered to?
Why is the lawyer suggesting these measures? Will I be at any kind of illegal risk, If I do this?

Please help.
cyril Full Member - Member Since: Nov 2008
Subject - Re: My company is forcing me to do something illegal
Hi,
The designated Manager, whose name has been notified to Authorities as the officer responsible for implementation of the statutory provisions is held accountable for all acts. The occupier, is equally held responsible.

My advise to you is to check as to who is the officer responsible. In any case don't do any thing illegal. Nothing can be kept secret. Your next door officer/employee can complain and you will be in trouble.

The Management should make a detailed submission before the Authorities and see that the legal provisions are complied honestly.

Cyril
SugamJain - Member Since: Mar 2010
Subject - Re: My company is forcing me to do something illegal
Hello

It would be illegal if you will sign backdated offer letters & you can be in big trouble if someone complaints about this or this thing leaks out. Because you were not the HR manager at that time, this can be proved very easily, so in that case all the blame will lie on your shoulders and the onus of proving yourself innocent will be on you.

My advice will be don't do anything illegal and stay close to the employees as they can support you in this matter. And you must support the authorities who can pull you and your company out of this problem with legal means.

Sugam


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