Legal Question in Business Law in India

I have had experience of 4 years in a small IT firm where I worked on an regular basis.My mode of payment was CASH IN HAND(Rs 3000/- per month SINCE

JOINING).Recently I came to know that This IT firm was UN-REGISTERED till date.Now, the owner of this firm(basically a sole proprietorship business) is

considering to register it next month(say around MARCH-APRIL 2015).

As initially I was IGNORANT regarding the REGISTRATION CONCEPT of a company(or business) so I included this work experience in many of the job applications

in multiple IT companies in the past which I cannot change now.

My query is:

Whether the offer letter(and other experience certificates) issued by an UN-REGISTERED company LEGAL?

Whether I should ask my employer to mention this fact in my present experience certificates about the registration details ?

Please Help sir.


Asked on 2/15/15, 7:35 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.02.2015

Dear Sir / Madam,

The Offer Letter and Experience Certificate issued by the IT firm on their letterhead duly signed by the Owner remain legally valid, irrespective of whether the firm is registered or not. I say this because it depends what are the specific compulsory / mandatory registrations you are referring to that the IT firm ought to have complied and done with. I see no violations so long as the IT firm is duly honouring all its business and financial commitments.

Unless you are sure that the IT firm has erred in compliance by virtue of non-registration, you should request the Owner to comply with the regulations and get the IT firm registration process duly completed and done, rather than asking him to mention the fact in your present experience certificate as it will do you no good.

Regards,

Read more
Answered on 2/15/15, 8:49 am


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