Hi,
Please advise, is it compulsory to maintain a hard copy of employee records? During this pandemic, we are planning to maintain the records and letters to be signed using DocuSign. Is it accepted in the Indian court of law if we maintain soft copies or issue letters online using e-signatures?
From India, Delhi
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Please advise, is it compulsory to maintain a hard copy of employee records? During this pandemic, we are planning to maintain the records and letters to be signed using DocuSign. Is it accepted in the Indian court of law if we maintain soft copies or issue letters online using e-signatures?
From India, Delhi
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As per Information Technology Act 2000 an electronic record is as good as its printed form and is admissible in Indian courts.
From India, Mumbai
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1593From India, Mumbai
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Dear member,
You could have mentioned the total strength of your employees and why you feel the need to maintain the records and letters to be signed using the DocuSign.
As far as India is concerned, a hard copy of any communication is a 100% perfect material evidence. That does not mean that email communication is not legally valid. However, if the other party objects, then the onus of proving the authenticity of the communication not just lies with you but it is cumbersome too.
You have written, "It is accepted in the Indian court of law if we maintain soft copies or issue letters online using e-signatures." But then you have not mentioned which letters you would like to issue through email and what is the problem if you use Speed Post? Let your employees sign the letters and return them through Speed Post. You can send the office staff every day once with all the letters. You may feel my suggestion is out-of-date. However, from the legal point of view, you will be 100% perfect and you don't have to worry about the validity of the communication.
You can send the scanned copies of the letter. However, while sending a scanned copy, ensure that the receipt from Speed Post is also scanned along with the main letter. If you send the scanned copy, then it will serve as an advance intimation to the employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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You could have mentioned the total strength of your employees and why you feel the need to maintain the records and letters to be signed using the DocuSign.
As far as India is concerned, a hard copy of any communication is a 100% perfect material evidence. That does not mean that email communication is not legally valid. However, if the other party objects, then the onus of proving the authenticity of the communication not just lies with you but it is cumbersome too.
You have written, "It is accepted in the Indian court of law if we maintain soft copies or issue letters online using e-signatures." But then you have not mentioned which letters you would like to issue through email and what is the problem if you use Speed Post? Let your employees sign the letters and return them through Speed Post. You can send the office staff every day once with all the letters. You may feel my suggestion is out-of-date. However, from the legal point of view, you will be 100% perfect and you don't have to worry about the validity of the communication.
You can send the scanned copies of the letter. However, while sending a scanned copy, ensure that the receipt from Speed Post is also scanned along with the main letter. If you send the scanned copy, then it will serve as an advance intimation to the employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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