Hi All,
Can someone please help me out? I am looking for an appointment letter for employees who are daily wage workers. I need a letter that outlines their employment on a daily wage basis and covers details such as leaves, probation, transfer, working hours, behavior, termination, security, and more.
Please share the letter format at the earliest. Thank you.
From India, Mumbai
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Can someone please help me out? I am looking for an appointment letter for employees who are daily wage workers. I need a letter that outlines their employment on a daily wage basis and covers details such as leaves, probation, transfer, working hours, behavior, termination, security, and more.
Please share the letter format at the earliest. Thank you.
From India, Mumbai
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Hi All, Can Some one please help me out, as I am looking for an appointment letter for employees who are on daily wages... looking for an appointment letter that talk about hiring them on daily wages
From India, Mumbai
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From India, Mumbai
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Hi all,
Can someone please help me out? I am looking for an appointment letter for employees who are on daily wages. I am looking for an appointment letter that discusses hiring them on daily wages in Hindi.
Thanks & Regards,
Anand Giri Goswami
From India, Gurgaon
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1Can someone please help me out? I am looking for an appointment letter for employees who are on daily wages. I am looking for an appointment letter that discusses hiring them on daily wages in Hindi.
Thanks & Regards,
Anand Giri Goswami
From India, Gurgaon
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Appointment letters are specific documents that outline the terms and conditions of employment. They typically include details such as the position, salary, benefits, and other relevant information. The mode of payment is indeed an essential component of the appointment letter. For example, it may specify the basic salary, housing allowance (HRA), other allowances, and the total daily compensation.
It's crucial to mention these details clearly to avoid any confusion or misunderstandings between the employer and the employee. The appointment letter serves as a formal agreement between both parties and sets the expectations for the employment relationship.
S.K. Bandyopadhyay (WB, Howrah)
From India, New Delhi
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It's crucial to mention these details clearly to avoid any confusion or misunderstandings between the employer and the employee. The appointment letter serves as a formal agreement between both parties and sets the expectations for the employment relationship.
S.K. Bandyopadhyay (WB, Howrah)
From India, New Delhi
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Dear Colleague,
There is no legal obligation under any law as of now to issue any appointment order. In the Proposed Code on Occupational Safety and Health, it is proposed to be mandatory to issue an appointment letter in the prescribed format to the workers.
Our suggestion is not to complicate the system by issuing appointment orders to daily wage employees. It is recommended to issue an "Employment Card/Time Card" to them, mentioning their type of employment, etc. This card is printed. If you are a factory, refer to the Factory Rules for the format, or if you are covered under the Shops Act, refer to the format under the rule. Once the new Code is implemented, you may proceed with the appointment letter in the new prescribed format.
It is sufficient to maintain registers like Muster Roll and Pay registers under the Payment of Wages Act for such workers.
Daily wage employees are entitled to PF/ESI and other statutory benefits. They are also eligible for benefits like gratuity if they complete 240 days in a year and surpass five years of service, etc.
Consider avoiding the daily wage worker system and opt to engage a contractor registered under the Contract Labour Regulation and Abolition Act. This will be a safer system as continuing with daily wage workers for an extended period may lead to risks associated with providing permanency in the long run.
Take care,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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There is no legal obligation under any law as of now to issue any appointment order. In the Proposed Code on Occupational Safety and Health, it is proposed to be mandatory to issue an appointment letter in the prescribed format to the workers.
Our suggestion is not to complicate the system by issuing appointment orders to daily wage employees. It is recommended to issue an "Employment Card/Time Card" to them, mentioning their type of employment, etc. This card is printed. If you are a factory, refer to the Factory Rules for the format, or if you are covered under the Shops Act, refer to the format under the rule. Once the new Code is implemented, you may proceed with the appointment letter in the new prescribed format.
It is sufficient to maintain registers like Muster Roll and Pay registers under the Payment of Wages Act for such workers.
Daily wage employees are entitled to PF/ESI and other statutory benefits. They are also eligible for benefits like gratuity if they complete 240 days in a year and surpass five years of service, etc.
Consider avoiding the daily wage worker system and opt to engage a contractor registered under the Contract Labour Regulation and Abolition Act. This will be a safer system as continuing with daily wage workers for an extended period may lead to risks associated with providing permanency in the long run.
Take care,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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Dear,
First of all, what is the number of daily wage employees? What is the period they have to work? If they are in considerable number and work for a long time, hire them through outsourcing agencies or contractors. Taking care of daily wage employees is not an easy task. Issuing appointment letters is not a big issue, but how you take care of the rules and regulations.
S. Kumar
From India, New Delhi
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First of all, what is the number of daily wage employees? What is the period they have to work? If they are in considerable number and work for a long time, hire them through outsourcing agencies or contractors. Taking care of daily wage employees is not an easy task. Issuing appointment letters is not a big issue, but how you take care of the rules and regulations.
S. Kumar
From India, New Delhi
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In my opinion, a letter of appointment is the replica of the contract of employment between the employer and the employee. Its requirement becomes essential only when the contract of employment creates a substantial employment relationship for a considerable period that is predetermined.
Though the payment of wages or salary is an important aspect of the contract of employment, the mode of payment as well as its method of calculation is not a decisive factor in determining the status of employment, i.e., whether permanent, temporary, or casual.
Normally, if the payment of wages is done at the end of the day, such workmen are deemed as casual labor, in which case their resumption of employment from the next day onwards is dependent on the availability of the work. Such a practice is followed in cases of incidental works like loading, unloading, cleaning, and the like. Thus, the nature of their engagement being on the basis of the availability of work as well as its quantum, it becomes ad hoc and coterminous with the completion of the work. Therefore, no appointment orders are required for such casual labor.
Another genre is the temporary workmen whose services are utilized intermittently or until such time the work requires additional hands. Such work may be of an incidental or core nature lasting throughout the year intermittently. For such works, people with the required skills and experience may be engaged on a temporary basis, which can be compared to the erstwhile "badli workers" of the textile industry. Even in such cases, appointment orders are not required; just the nominal muster roll is enough to record their attendance during the waged period so as to calculate their wages on a daily basis.
By and large, my submission would be that the issuance of formal appointment orders is mandatory only in respect of regular employment lasting until the predetermined age of superannuation and fixed-term contract employment.
From India, Salem
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Though the payment of wages or salary is an important aspect of the contract of employment, the mode of payment as well as its method of calculation is not a decisive factor in determining the status of employment, i.e., whether permanent, temporary, or casual.
Normally, if the payment of wages is done at the end of the day, such workmen are deemed as casual labor, in which case their resumption of employment from the next day onwards is dependent on the availability of the work. Such a practice is followed in cases of incidental works like loading, unloading, cleaning, and the like. Thus, the nature of their engagement being on the basis of the availability of work as well as its quantum, it becomes ad hoc and coterminous with the completion of the work. Therefore, no appointment orders are required for such casual labor.
Another genre is the temporary workmen whose services are utilized intermittently or until such time the work requires additional hands. Such work may be of an incidental or core nature lasting throughout the year intermittently. For such works, people with the required skills and experience may be engaged on a temporary basis, which can be compared to the erstwhile "badli workers" of the textile industry. Even in such cases, appointment orders are not required; just the nominal muster roll is enough to record their attendance during the waged period so as to calculate their wages on a daily basis.
By and large, my submission would be that the issuance of formal appointment orders is mandatory only in respect of regular employment lasting until the predetermined age of superannuation and fixed-term contract employment.
From India, Salem
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Daily rated employees do not always mean contractual or casual employees. There are many organizations in India where permanent workers are engaged on a daily rated basis, with their other service conditions such as leave, probation period, transfer, and working hours clearly defined.
Therefore, there is no harm in issuing them a formal appointment letter like other employees of the organization, specifying their daily rate (consolidated or bifurcated. Bifurcated is better for future payment of Gratuity and after the implementation of labor codes- PF etc.).
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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Therefore, there is no harm in issuing them a formal appointment letter like other employees of the organization, specifying their daily rate (consolidated or bifurcated. Bifurcated is better for future payment of Gratuity and after the implementation of labor codes- PF etc.).
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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In continuation of what our esteemed member Umakanthan Sir has said, I would like to add that if your intention is flexibility by engaging casual workers on daily wages, the issuance of an appointment order would defeat the objective. Several case laws on the regularization of casual workers state that those casual workers who have not undergone any HR practices such as applying for a job, receiving an appointment order, or being inducted, will not have the right to be regularized. It is true that those casual workers who have worked for 240 days will have the right to notice of retrenchment, but they do not have the right to demand regularization provided they were hired for work of a very casual nature and have not followed the usual processes of recruitment and selection. Therefore, if the objective is flexibility, avoid giving them an appointment order but treat them as if they are engaged for the day or appointment at the factory gate.
From India, Kannur
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From India, Kannur
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