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Greetings seniors ,
We are a contract worker outsourcing company. What I would like to know is whether issuance of Appointment letters to these contractual employees is mandatory under any law.
Regards
seshan

From India, New Delhi
Dear Seshan
Employment is a "contract" and there should be a document about binding terms & conditons.
As such there is no direct legal provision for issuance of Appointment letter.
But the CLRA provides about issuance of ID card etc. by the Contractor- which are adeqauate docmentary evidances to establish employer-employee realtionship.
Issuing appointment letter may - many a times prove favourable for a contractor and principal employer. You should preapre the appointment letter with utmost care.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

From India, Mumbai
In addition to the valid points brought out by Shailesh Parikh , I may add that the labour laws being welfare legislations, have imposed variou 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 teh Contarct labour Act.
From India, Mumbai
Thank you gentlemen for your clarifications. I only wanted to reconfirm myself whether there is any statute regarding issuance of appointment lettoners. But as stated by you ,I understand it also depends upon who the Principal employer is and and what kind of contract one his having.
Thanks again for your clarification.
Rgds
seshan

From India, New Delhi
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