Greetings seniors,
We are a contract worker outsourcing company. What I would like to know is whether the issuance of appointment letters to these contractual employees is mandatory under any law.
Regards,
Seshan
From India, New Delhi
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7We are a contract worker outsourcing company. What I would like to know is whether the issuance of appointment letters to these contractual employees is mandatory under any law.
Regards,
Seshan
From India, New Delhi
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Dear Seshan,
Employment is a "contract," and there should be a document outlining the binding terms and conditions. While there is no direct legal provision for the issuance of an appointment letter, the Contract Labour Regulation and Abolition Act (CLRA) requires contractors to provide identification cards, which serve as adequate documentary evidence to establish the employer-employee relationship.
Issuing an appointment letter can often prove beneficial for both the contractor and principal employer. It is essential to prepare the appointment letter with the utmost care.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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Employment is a "contract," and there should be a document outlining the binding terms and conditions. While there is no direct legal provision for the issuance of an appointment letter, the Contract Labour Regulation and Abolition Act (CLRA) requires contractors to provide identification cards, which serve as adequate documentary evidence to establish the employer-employee relationship.
Issuing an appointment letter can often prove beneficial for both the contractor and principal employer. It is essential to prepare the appointment letter with the utmost care.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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In addition to the valid points brought out by Shailesh Parikh, I may add that the labor laws, being welfare legislations, have imposed various statutory obligations on the employer like payment of P.F, ESI, and provision of various amenities to employees, and these are mandatory. Thus, it is necessary to identify who this "Employer" is to fix accountability for compliances. Therefore, it is necessary to issue an appointment letter by the employer. In the absence of which, it is likely to become a disputable issue, more so in the case of contractor workers since there is a principal employer also who needs to be distinguished from the employer (immediate employer) with reference to his rights and obligations under the Contract Labour Act.
From India, Mumbai
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From India, Mumbai
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Thank you, gentlemen, for your clarifications. I only wanted to reconfirm whether there is any statute regarding the issuance of appointment letters. As stated by you, I understand it also depends on who the Principal employer is and what kind of contract one is having.
Thanks again for your clarification.
Rgds
Seshan
From India, New Delhi
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Thanks again for your clarification.
Rgds
Seshan
From India, New Delhi
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