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I am working as HR& Admin in a private limited company. And our company has no practice of issuing Appointment letters till now, but as per the labour's act "LETTER OF APPOINTMENT:FORM XXVI" is to be issued to new joiners. Is it mandatory to use those forms as appointment letters or we can use our own drafted letters. Kindly clarify my doubt.
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Dear friend,
Hope you would certainly agree with me that whenever we raise a question, it is very important to give the relevant particulars so that the answer to the question can be specific. Particularly, when the questioner is a person like a HR&Admin, it is needless to mention that the question should contain amplified information connected with the subject-matter so as to enhance the understanding of the respondents.
The private limited company you are working may be any thing - for example, a factory, a shop, a motor transport undertaking or even a plantation establishment. But it is no where discernible in your post actually what your establishment is. So far as I am aware of, only central labor law prescribing the issuance of appointment order to the employees is the Sales Promotion Employees (Conditions of Service) Act,1976. Thus, it compelled me indulge in an educated guess that yours must be an establishment under some State Shops and Establishments Act. This, together with your from address, triggered my memory to have come across such a provision in the AndraPradesh Shops and Establishments Act,1988 and helped me locate the provision of issuance of appointment orders to employees under copy to the area inspector vide section 68(4) r.w rule 30 of 1990.
Coming to your question, I would request you to go through rule 31 of the APS&E Rules,1990 which speaks about the admissibility of forms other than those prescribed in the Rules. If you are very particular to have a different format of appointment orders, better apply to the area Deputy Commissioner of Labor for approval.
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