Dear Sir,
Please guide me whether the appointment letter to be approved by any government authority or not. Also our management wanted to include a point in the appointment letter i.e after resigning from the organization, for at least 6 months you will not join any of our competitor organization. Guide me we can include the same or not.
With Regards,
Ms. Dhanya
From India, Mumbai
4Please guide me whether the appointment letter to be approved by any government authority or not. Also our management wanted to include a point in the appointment letter i.e after resigning from the organization, for at least 6 months you will not join any of our competitor organization. Guide me we can include the same or not.
With Regards,
Ms. Dhanya
From India, Mumbai
To my understanding there is no such provision in specific in law, but such standard letters to be issued complying with standing orders. Such standing orders should be pro-approved by competent certifying body read "appropriate government".
From India, Gurgaon
From India, Gurgaon
Dear Dhanya,
Obtaining approval from any government authority for appointment letters is not required. No employer can insist on any employee joining competitor company. Whatever skills the employee has the same will be used in the next/new company, hence employer cannot insist on joining competitor company.
Obtaining approval from any government authority for appointment letters is not required. No employer can insist on any employee joining competitor company. Whatever skills the employee has the same will be used in the next/new company, hence employer cannot insist on joining competitor company.
Hello Ms. Dhanya,
Your query reg the Appointment letter(s) being approved by the Government authority isn't clear & doesn't make sense--could you pl elaborate reg the reason(s) for this query? That could help the members understand things from the EXACT context.
Reg adding the point 'not to join any of our competitor organization', this is called Non-Compete clause in HR parlance--which is quite common now-a-days in many companies. But there have to be very valid & legally tenable grounds/reasons to introduce this clause in the appointment letter. If not, then the company is bound to face legal problems in the long-run IF any employee goes to court. I would suggest you to involve your company legal counsel while deciding this issue.
Rgds,
TS
From India, Hyderabad
Your query reg the Appointment letter(s) being approved by the Government authority isn't clear & doesn't make sense--could you pl elaborate reg the reason(s) for this query? That could help the members understand things from the EXACT context.
Reg adding the point 'not to join any of our competitor organization', this is called Non-Compete clause in HR parlance--which is quite common now-a-days in many companies. But there have to be very valid & legally tenable grounds/reasons to introduce this clause in the appointment letter. If not, then the company is bound to face legal problems in the long-run IF any employee goes to court. I would suggest you to involve your company legal counsel while deciding this issue.
Rgds,
TS
From India, Hyderabad
Dear Sir,
Thanks for your valuable reply & suggestions.
TS sir, our management wants to involve the said point i.e not to join any of our competitor organization in this appointment letter so they wants to get it signed and approved by Governement authority.
Rgds,
Dhanya
From India, Mumbai
Thanks for your valuable reply & suggestions.
TS sir, our management wants to involve the said point i.e not to join any of our competitor organization in this appointment letter so they wants to get it signed and approved by Governement authority.
Rgds,
Dhanya
From India, Mumbai
Hello Dhanya,
Like I mentioned earlier, including the said clause is PER SE possible--but it has to be ensured that the reasons are legally justifiable & valid.
Companies in some domains/sectors take a hit when such clauses are introduced. Usually such a clause is introduced ONLY for critical positions [in Sales, R&D, etc]--usually senior-level ones--where the chances of the company loosing business/secrets are high if an employee leaves to join a competitor. Implementing this across-the-board will be tough & impractical. What if employees begin to leave due to this reason--will the management be ready for such a scenario? What is your company into?
Also, I don't understand the logic behind getting the 'approval by Government authority'--pl elaborate the reason(s). Why should the government approve or disapprove any appointment letters of a private company in the first place? As far as I know, there isn't such a mechanism at all.
Rgds,
TS
From India, Hyderabad
Like I mentioned earlier, including the said clause is PER SE possible--but it has to be ensured that the reasons are legally justifiable & valid.
Companies in some domains/sectors take a hit when such clauses are introduced. Usually such a clause is introduced ONLY for critical positions [in Sales, R&D, etc]--usually senior-level ones--where the chances of the company loosing business/secrets are high if an employee leaves to join a competitor. Implementing this across-the-board will be tough & impractical. What if employees begin to leave due to this reason--will the management be ready for such a scenario? What is your company into?
Also, I don't understand the logic behind getting the 'approval by Government authority'--pl elaborate the reason(s). Why should the government approve or disapprove any appointment letters of a private company in the first place? As far as I know, there isn't such a mechanism at all.
Rgds,
TS
From India, Hyderabad
Dear Seniors, After how many days/months we need to provide the appointment letter. There is some specific time for giving the appointment letter.please give your suggestions. Regards Khushbu
From India, Delhi
From India, Delhi
How do you expect somebody to join the company without a formal appointment order
Atleast a one page letter giving details of designation, probation/training period, gross salary, length of service / retirement age needs to be given
The new joinee is expected to sgn a copy and give it back to you as an acceptance and this paper will be filed in his personal file
Regards
D.BALAJI
From India, Bangalore
Atleast a one page letter giving details of designation, probation/training period, gross salary, length of service / retirement age needs to be given
The new joinee is expected to sgn a copy and give it back to you as an acceptance and this paper will be filed in his personal file
Regards
D.BALAJI
From India, Bangalore
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