No law prescribes that appointment order should be issued.But it is indirectly implied to have it due to many other implications under labour laws. Varghese Mathew
From India, Thiruvananthapuram
912From India, Thiruvananthapuram
Dear Friend,
I am just giving you what section 34 states in Delhi Shops and Commercial Establishments Act.
34. Employer to furnish letters of appointment to employees.-The employer shall furnish every employee with a letter of appointment. Such letters of appointment shall contain the following and such other particulars as may be prescribed, namely:
(a) The name of employer,
(b) The name, if any, and the postal address of the establishment,
(c) The name, father's name and the age of the employee,
(d) The hours of work,
(e) Date of appointment.
The similar is mentioned in other state's Shops and Commercial Establishments Act. though I don't have a copy of Indian Factories Act, 1948, I am sure same would be written there probably with some other terms or nomenclature.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
I am just giving you what section 34 states in Delhi Shops and Commercial Establishments Act.
34. Employer to furnish letters of appointment to employees.-The employer shall furnish every employee with a letter of appointment. Such letters of appointment shall contain the following and such other particulars as may be prescribed, namely:
(a) The name of employer,
(b) The name, if any, and the postal address of the establishment,
(c) The name, father's name and the age of the employee,
(d) The hours of work,
(e) Date of appointment.
The similar is mentioned in other state's Shops and Commercial Establishments Act. though I don't have a copy of Indian Factories Act, 1948, I am sure same would be written there probably with some other terms or nomenclature.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Mr Umesh
Thank you .Is good that Delhi has mandated the requirement of appointment letter in shops & comm; establishments.Factories Act has no such provision.Shops Act of southern states also donot have the privision.
Varghese Mathew
From India, Thiruvananthapuram
Thank you .Is good that Delhi has mandated the requirement of appointment letter in shops & comm; establishments.Factories Act has no such provision.Shops Act of southern states also donot have the privision.
Varghese Mathew
From India, Thiruvananthapuram
You must have to issue appointment letter if firm has to be incorporated otherwise you have to make kind of agreement with the people under proprietary concern.
From India, Chandigarh
From India, Chandigarh
You have written that your CS has done Company Registration, which means your company is incorporated so where is the fuss all about go ahead and issue the Appointment Letters.
You CS must be waiting for other formalities, kindly clarify so as to give you proper guidance accordingly by the seniors
From India, Ahmadabad
You CS must be waiting for other formalities, kindly clarify so as to give you proper guidance accordingly by the seniors
From India, Ahmadabad
Dear Friend,
As your Company has just started the process and not incorporated. You can't use the Company's name for any action or on any documents till all the fees are paid to ROC and an Incorporation Certificate is issued by ROC. Please understand Company is a legal person and it will born only when ROC sign and deliver the Incorporation Certificate. In no circumstances you can use the name of this Company before it becomes a legal entity. Meanwhile the employees can be recruited but on some other account or firm's name or on a Proprietor Firms letter head.
Once Company is incorporated the Appointment letter can be issued but the signatory should have the authority as per the Articlel & Memorandum of Association apart from fulfilling the minimum paid up capital requirements to conduct the business. One more important point is the Appointment should be related to the Business mentioned in the main clause of Article/Memorandum as Companies are legally authorized to do the business.
Thanks.
From India, Delhi
As your Company has just started the process and not incorporated. You can't use the Company's name for any action or on any documents till all the fees are paid to ROC and an Incorporation Certificate is issued by ROC. Please understand Company is a legal person and it will born only when ROC sign and deliver the Incorporation Certificate. In no circumstances you can use the name of this Company before it becomes a legal entity. Meanwhile the employees can be recruited but on some other account or firm's name or on a Proprietor Firms letter head.
Once Company is incorporated the Appointment letter can be issued but the signatory should have the authority as per the Articlel & Memorandum of Association apart from fulfilling the minimum paid up capital requirements to conduct the business. One more important point is the Appointment should be related to the Business mentioned in the main clause of Article/Memorandum as Companies are legally authorized to do the business.
Thanks.
From India, Delhi
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