Hi All, Can Someone please help me out, as I am looking for an appointment letter for employees who are daily wages... looking for an appointment letter that talks about hiring them on daily wages and all other things such as leaves, probation, transfer, working hours, behaviour, termination, security and so on....
Please share the letter format at the earliest
From India, Mumbai
Please share the letter format at the earliest
From India, Mumbai
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
From India, Mumbai
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 in hindi
thanks & regards
Anand Giri Goswami
From India, Gurgaon
1thanks & regards
Anand Giri Goswami
From India, Gurgaon
Appointment letter is appointment letter and nothing to do with monthly rate, weekly rate, daily rate or hourly rated employees. Mode of payment is one part of the appointment letter. It may be mentioned in the appointment letter that "your Basic salary will be x/- per day, HRA will be y/- per day and other allowances will be z/- per day = Rs.X/- per day total "
S K Bandyopadhyay ( WB, Howrah)
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah)
From India, New Delhi
Dear Colleague,
There is no Legal obligation under any Law as of now to issue any appointment order now. 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 order to Daily Wage employees. It is suggested to issue "Employment Card/ Time Card " to them mentioning their type of employment etc. It is a printed card and if you are a Factory then see the Factory Rules for the format or if you are covered under Shops Act then see the format under the rule. Then once the new Code is implemented you may go for the Appointment Letter in the new format prescribed.
It is sufficient to maintain Registers like Muster Roll and Pay registers under Payment of Wages Act for now for such workers.
Daily Wage employees are to be extended PF/ESI and such statutory benefits and they are also eligible for benefits like Gratuity etc if they cross 5 years and complete 240 days in a year etc.
Think of avoiding such daily wages workers system and go for engaging a Contractor who is registered under Contract Labour Regulation and Abolition Act which will be a safer system as if you continue the Daily Wages workers for long there will be risk of providing Permanency in the long run.
Take Care
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
There is no Legal obligation under any Law as of now to issue any appointment order now. 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 order to Daily Wage employees. It is suggested to issue "Employment Card/ Time Card " to them mentioning their type of employment etc. It is a printed card and if you are a Factory then see the Factory Rules for the format or if you are covered under Shops Act then see the format under the rule. Then once the new Code is implemented you may go for the Appointment Letter in the new format prescribed.
It is sufficient to maintain Registers like Muster Roll and Pay registers under Payment of Wages Act for now for such workers.
Daily Wage employees are to be extended PF/ESI and such statutory benefits and they are also eligible for benefits like Gratuity etc if they cross 5 years and complete 240 days in a year etc.
Think of avoiding such daily wages workers system and go for engaging a Contractor who is registered under Contract Labour Regulation and Abolition Act which will be a safer system as if you continue the Daily Wages workers for long there will be risk of providing Permanency in the long run.
Take Care
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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 last long ,hire them through a outsourcing agencies or contractor.Taking care of daily wages employee is not a easy task.Issuing appointment letter is not a big issue but how you take care the rule regulations.
S.Kumar
From India, New Delhi
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 last long ,hire them through a outsourcing agencies or contractor.Taking care of daily wages employee is not a easy task.Issuing appointment letter is not a big issue but how you take care the rule regulations.
S.Kumar
From India, New Delhi
In my opinion, 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 which is predetermined.
Though payment of wages or salary is an important aspect of the contract of employment, mode of payment as well as its method of calculation is not a decisive factor to determine 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 case of incidental works like loading, unloading, cleaning and the like. Thus the nature of their engagement being on the basis of availability of the work as well as its quantum, it becomes adhoc 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 till such time the work requires additional hands. Such work may be of incidental or core nature lasting throughout the year intermittently. For such works people with required skills and experience may be engaged on temporary basis which can be compared to the erstwhile " badli workers " of the textile industry. Even in such case, 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 daily basis.
By and large, my submission would be that issuance of formal appointment orders is mandatory only in respect of regular employment lasting till the predetermined age of superannuation and fixed term contract employment.
From India, Salem
Though payment of wages or salary is an important aspect of the contract of employment, mode of payment as well as its method of calculation is not a decisive factor to determine 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 case of incidental works like loading, unloading, cleaning and the like. Thus the nature of their engagement being on the basis of availability of the work as well as its quantum, it becomes adhoc 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 till such time the work requires additional hands. Such work may be of incidental or core nature lasting throughout the year intermittently. For such works people with required skills and experience may be engaged on temporary basis which can be compared to the erstwhile " badli workers " of the textile industry. Even in such case, 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 daily basis.
By and large, my submission would be that issuance of formal appointment orders is mandatory only in respect of regular employment lasting till the predetermined age of superannuation and fixed term contract employment.
From India, Salem
Daily rated employees does not mean always as contractual or casual employees. There are many organizations even today in India where permanent workers are engaged at daily rated mentioning their other service conditions- leave, probation period, transfer, working hours etc.
Therefore, there is no harm to issue them formal appointment letter like other employees of the organization mentioning their daily rate ( consolidate or bifurcated. Bifurcated is better for future payment of Gratuity and after implementation of labour codes- PF etc.).
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Therefore, there is no harm to issue them formal appointment letter like other employees of the organization mentioning their daily rate ( consolidate or bifurcated. Bifurcated is better for future payment of Gratuity and after implementation of labour codes- PF etc.).
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
In continuation to what our learned member Umakanthan Sir has said I would like to add that if your intention is flexibility by engaging casual workers on daily wages, issuance of appointment order would defeat the objective. Several case laws on regularisation of casual workers say that casual workers who have not gone through any HR practices of applying for a job, getting appointment order, getting inducted etc will not have any right to get regularised. It is true that hose casual workers who have worked for 240 days will have right of notice of retrenchment, but they have no right to demand regularisation provided they are hired for a work of very casual nature and have not followed the usual processes of recruitment and selection. therefore, if the objective is flexibility, avoid giving them appointment order but make them as if they are engaged for the day or appointment at factory gate.
From India, Kannur
From India, Kannur
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