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Asso.prof.(commerce & Management) Pg
Riteshmaity
Labour Law Advocate
Swati.05
Hr Manager
+2 Others

Hi All, I want to know, do we need to reissue the appointment letter if mentioned 3 year bond has exceed. Kindly guide me.
18th March 2017 From India, Kolkata
You have to check other terms & conditions of AO. The bond is one among various other terms. I don't think you engaged them for a specific period of 3 yrs which as you mentioned is 3 yrs. Does tenure closes by end of 3 yrs. ? You have to post the extract of your AO issued to this employee to give appropriate suggestion.
18th March 2017 From India, Bangalore
Dear Sir,
Thank you for your reply.In appointment letter we clearly mention that ''this appointment is valid for 3 years and subject to renewal on mutual consent''.
So, do we need to reissue the letter after 3 years. Because many of our employees are raising this point , that they again need appointment letter. Kindly suggest me what should i do in this case.
Swati
18th March 2017 From India, Kolkata
First, if you keep on renewing appointment letters every 3 years in order to avoid continuity of service and to deprive employees of their statutory benefit, then you will soon fall under "unfair labour practice" for which the tenure of service of the employee will be treated as continuity as well you may be penalized.
What kind of bond have you singed? Bonds related for retaining employees for particular period of time is also illegal.
May be you should come with clear facts of the case in order to get better advice.
19th March 2017 From India, Kolkata
Both the options are available - i) either to issue afresh, if again this will be for the next few years fixed or 2) issue a fresh AO letter combining both the past and the future tenures as a continuous service, which will be a fair option considering the future of this employee. Onus will be upon you to prove not guilty. Mind you, if you choose the first option and this type of action repeated you may be charged with 'unfair labour practices' as pointed out by others.
20th March 2017 From India, Bangalore
You do not need to reissue Appt letter.Just a simple letter stating that the validity of the original appointment letter is extended by --years will suffice.
This way the problem of continuity remains and there is no "gap"
20th March 2017 From India, Delhi
Dear All;
Bond, what is being discussed, appears to me as a contract of terms and conditions of employment including remuneration. Bond is entirely different. Contract is like settlement in case of workers. Normally appointment letter is issued in short that his employment commences from a particular date. The other terms and conditions of employment are in a separate document which is a contract which you are, perhaps, calling a bond. Like in case of workers, the 3 year wage agreement is re discussed and renewed, this contract is also renewed. Appointment letter remains valid until the employee separates from the company, in whatever way.
When an employee is offered some training in foreign country, or some such input is given, employer asks for a bond that after the training, the employee will serve for at least 2-3-5 years. This period is for once only. This is not renewed. This is bond, violation of which is penalized.
Vibhakar Ramtirthkar
9371001906

21st March 2017 From India, Pune
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