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  • Neomal Perera

Form and content of employee records and documents

It is the duty of an employer to maintain records relating to each and every employee. These are non delegable duties and rests squarely with the employer. This means that the responsibility is with the employer. So that if an employer has been found not to have employee records, the employer cannot say it was the manager (or such other) who had to maintain the records and he /she does not know anything about it. In such instances the employer needs to ensure any manager or such other is carrying out the maintenance of the records accurately and in compliance.

The focus of these records are the wage and time records. These have to be maintained in the correct format having the requisite information. If these records have not been maintained or are found to be non-compliant the employer can face penalties. If an employee or a representative of an employee requests these records from the employer, the employer is legally bound to produce the wage and time records without delay.

Similarly, every employee needs to have a fully compliant employment agreement. Even if the employee is a volunteer, casual, part time, full time, permanent, temporary, or even contracting there needs to be a signed agreement between the employer and employee or contractor and principal in the event of an independent contractor.

Failure to have or maintain any of these documents are offences for which the employer can face fines.

Talk to us. We can help you to be a law-abiding employer and avoid facing penalties and being blacklisted.



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