Organisation where no appointment letter is issued to an employee - CiteHR
Saswatabanerjee
Partner - Risk Management
Sandhyasuri
Group Head - Hr
Diwakar.ranjana20
Sr. Human Resource Executive
+3 Others

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Hi I have recently joined an organisation where no appointment letter is issued to an employee. There are so many labour issues pending in the court. So, I have decided to give appointment letter to every employee.
Is this decision is good. Should I give the appointment letter to the employees and should I do something else to minimise the labour disputes in my organistion.
Thanks
dinesh
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Hello Dinesh,
The decision which you have taken is good, but make sure that the offer letter should not contain any element that might go against the management. And also consult your top management abt. this. their might be some reason for which they were not issuing the offer letters to employees. If you think that issuing the offer letter will resolve the labour-management conflict then you can go ahead. but before that study the companies IR completely.
regards
Ranjana Diwakar
Hi
Not issuing an appointment letter is bad practice, so your moves is correct.
However, I do not think that this alone was the reason for multiple labour issues pending in court.
In fact, without appointment letter, their ability to fight a case is weaker.
The question i have is - what exactly are the issues pending in the labour court ? What are the actual problems you are having. You will need to resolve all of them actually.
Another point is whether you can issue back-dated appointment letters.
Or should you issue a different letter, eg. for increment letters that confirm their employment and the date from which they are employed

Issue of Appointment letters is good for both employer and employee.
It will become an employment agreement with certain conditions of service and the duties. It will reduce ambiguity of terms regarding employment. Appointment may be implied or expressed. By issue of appointment letter, it will be expressed. This is a recognized and good practice.
D.Gurumurthy
As Mr. Saswata Banerjee has rightly said your move to issue Appointment letter is good, apart from that there may be other reasons/issues which are pending in Labor court, kindly let the forum know to advice you appropriately. Check whether PF/ESI/Staff Welfare/Gratuity/MB/MW norms are taken care of.
How does one correctly regularize appointment letters of employees who have been in employment for years but have had no appointment letter issued so far?
I would appreciate a correct procedure that is in compliance with Labour Laws.
Thanks,
Sandy
Hi,Dinesh, Your thinking is correct but appointment letter from back date is not a good practice,EITHER you can issue offer letter indicating on the terms &CONDITIONS AS MUTALLY AGREED during discussion or at the time of interview with indication that regular appointment letter will be issued after completion of 6 months, but before issuing offer letter put 1or2 days gap after taking full and final clearence reciptfrom the of their past service. it will serve the purpose. N.K .SHARMA
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