Dear All,
The previous HR was given appointment letters to employees without any terms and conditions of the company, Now I want to revise with a standard stating all the terms and conditions of the company, Can I reissue the appointment letters for the existing employees with the present date.
Your suggestions are highly appreciated
From India, Hyderabad
1The previous HR was given appointment letters to employees without any terms and conditions of the company, Now I want to revise with a standard stating all the terms and conditions of the company, Can I reissue the appointment letters for the existing employees with the present date.
Your suggestions are highly appreciated
From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dear Colleague,
As mentioned by the Colleague, the appointment order can not be reissued. However you can given an amended employment contract by issuing " AMMENDED ORDER OF APPIONTMENT CONTRACT" with the terms you want to include. Being a Contract and the Indian Contract Act applies, you need to get the new appointment order issued, consented and agreed by the other party- here the employees and then only it will be valid. Hence this has to be in full compliance of Indian Contract Act as the clauses which are now included has to follow the terms of VALID CONTRACT. This means the amended appointment order has to be based on following aspects:
1. An offer that specifically details exactly what will be provided
2. Acceptance, or the agreement by the other party to the offer presented
3. Consideration, or the money or something of interest being exchanged between the parties
4. Capacity of the parties in terms of age and mental ability
5. Intent of both parties to carry out their promise
6. Object of a contract is legal and not against public policy or in violation of law
There are many cases where I practically issued the Amended Appointment Order with all clarity and with sound communication to all concerned after narrow down the differences in the terms and later arrived mutual agreed terms.
From India, Chennai
As mentioned by the Colleague, the appointment order can not be reissued. However you can given an amended employment contract by issuing " AMMENDED ORDER OF APPIONTMENT CONTRACT" with the terms you want to include. Being a Contract and the Indian Contract Act applies, you need to get the new appointment order issued, consented and agreed by the other party- here the employees and then only it will be valid. Hence this has to be in full compliance of Indian Contract Act as the clauses which are now included has to follow the terms of VALID CONTRACT. This means the amended appointment order has to be based on following aspects:
1. An offer that specifically details exactly what will be provided
2. Acceptance, or the agreement by the other party to the offer presented
3. Consideration, or the money or something of interest being exchanged between the parties
4. Capacity of the parties in terms of age and mental ability
5. Intent of both parties to carry out their promise
6. Object of a contract is legal and not against public policy or in violation of law
There are many cases where I practically issued the Amended Appointment Order with all clarity and with sound communication to all concerned after narrow down the differences in the terms and later arrived mutual agreed terms.
From India, Chennai
As Mr. Nair has stated, you can not change the appointment letter unilaterally.
However, since no terms were given, the terms provided in the model standing orders (or certified standing orders) will be applicable.
The easiest way is to issue a company-wide notice informing the employees that you are now issuing a Employee Handbook whose terms and procedure will apply to everyone and if anyone has any question, they can speak to you. If anyone disagrees, they will come to you and you can explain, get their concurrence or make changes if their grouse is justified.
You may even make exceptions if you need or believe it is right
From India, Mumbai
However, since no terms were given, the terms provided in the model standing orders (or certified standing orders) will be applicable.
The easiest way is to issue a company-wide notice informing the employees that you are now issuing a Employee Handbook whose terms and procedure will apply to everyone and if anyone has any question, they can speak to you. If anyone disagrees, they will come to you and you can explain, get their concurrence or make changes if their grouse is justified.
You may even make exceptions if you need or believe it is right
From India, Mumbai
Appointment letter-format.d oc